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(영문) 서울동부지방법원 2015.12.17 2015노1250
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s suspended sentence of a fine of three million won (the suspended sentence of a fine) is unreasonable.

2. The judgment of the Defendant escaped after committing an indecent act against the victim, and the fact that the investigative agency denied the fact of the crime and was proceeding with the victim to an investigation into the quality of the victim, and that the victim suffered secondary mental suffering, and that the circumstances after the crime were poor, etc. are disadvantageous to the Defendant.

On the other hand, in the court below, the fact that the defendant led to the confession of the crime and reflects the depth of the crime, the first offender who has no power to commit the crime, the fact that the victim did not want the punishment of the defendant, and the fact that the defendant's will want the defendant's wife against the defendant and lives stable as company members are clearly favorable to the defendant.

In light of the above circumstances and other factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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