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(영문) 서울동부지방법원 2016.09.29 2016노395
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (2 million won in penalty and 16 hours in order to complete a program) is too unhued and unreasonable.

2. Determination feet, the Defendant committed an indecent act against the victim who does not have any awareness in the private letter used by the public, and the crime is not good, and the Defendant has a record of being sentenced to suspension of indictment due to an indecent act conducted on June 12, 2014.

However, in light of the fact that the degree of indecent act in this case was not significant, that the defendant paid 3 million won to the victim at the investigation stage and agreed smoothly with the victim, that the defendant does not express the distorted sexual concept while breaking his mistake, and that the defendant has no record of punishment other than the punishment imposed once for the crime in this case, it cannot be said that the judgment of the court below that sentenced the defendant to the fine is too uneasible and unfair (the prosecutor asserts that since the defendant has committed the same kind of crime in light of CCTV image, the defendant has committed the same crime repeatedly, and thus the defendant should be reflected as the sentencing factor, but it cannot be considered as the disadvantageous sentencing factor against the defendant immediately without any additional investigation or prosecution). 3. Accordingly, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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