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(영문) 춘천지방법원 2016.02.17 2015노1255
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In light of the following: (a) the Defendant recognized the Defendant’s mistake and reflects the Defendant’s mistake; (b) the Defendant was the primary offender; (c) the Defendant was suffering from mental illness; (d) the Defendant committed an indecent act on board a express bus; (b) the other passengers committing the instant crime committed an indecent act; and (c) the commission of the police officer’s official duties among the attempts to be investigated as a result of the instant crime; and (d) the Defendant’s motive and background leading up to the instant crime; (c) the Defendant’s age after the commission of the crime; and (d) other various factors of sentencing as indicated in the record, such as the Defendant’s age, sexual behavior, and environment, etc., the Defendant and the Prosecutor’s allegation are deemed to be too heavy or unreasonable, and thus, are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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