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(영문) 수원지방법원 2016.08.11 2016노2325
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the completion of sexual assault therapy 40 hours) is too unfasible and unfair.

2. The judgment of the defendant repeats the crime of indecent act of this case by the same method for the female returning home at the latest time, and the victim D and E are clear that he/she had suffered considerable mental shock due to the crime of this case, etc. are disadvantageous to the defendant.

However, in full view of all the favorable circumstances, including the fact that the Defendant recognized the instant crime, and the Defendant appears to be against the Defendant during the period of detention exceeding 3 months at the lower court’s trial, that the Defendant was arrested due to the instant crime against the victim E and appears to have made a net confession to the instant crime against the victim D, that the degree of conduct that the Defendant exercised against the victims is relatively heavy, that the Defendant did not have any history of criminal punishment in the Republic of Korea, that the Defendant’s friendship did not have any history of criminal punishment in the Republic of Korea, and that the Defendant’s friendship want to have the Defendant’s wife against the Defendant, it is difficult to view that the lower court’s sentencing is unfair because it is too unfeasible.

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

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