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(영문) 수원지방법원 2015.06.04 2014노7688
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant’s appeal) is unreasonable in light of the following: (a) the Defendant committed an indecent act by reporting the victim’s opening of the front door, and the chest and buckbucks after reporting the victim’s opening; and (b) the victim wants to punish the Defendant; and (c) the Defendant is serving a fine of 4 million won and 40-hour order to complete a sexual assault treatment program.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment cannot be deemed unfair because it is too unreasonable, considering all the circumstances alleged in the grounds of appeal, given that there is no history of criminal punishment, and the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct, and the environment of the Defendant as indicated in the instant records and arguments.

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

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