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(영문) 서울서부지방법원 2015.07.23 2015노475
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the postponement of sentence: the fine of two million won) is too minor.

2. The fact that the judgment was made by the victim who was seated on the roadside by the defendant is that the defendant is highly likely to be subject to criticism in light of the method of the crime is an element of sentencing disadvantageous to the defendant.

However, it is the sentencing factors favorable to the defendant that the defendant is the primary offender, that the defendant acknowledges and reflects the crime, that the defendant agreed with the victim, that the parents of the defendant agree with the victim, and that the defendant's parents agree with the defendant.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is 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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