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(영문) 수원지방법원 2016.08.25 2016노1212
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the prosecutor's appeal grounds (unfair sentencing) of this case is that the defendant committed an indecent act against an unspecified female repeatedly in a public place, which is not good to the nature of the crime, the defendant's denial of the crime, and the defendant's failure to resist his wrongness, and the recovery of damage. In light of the fact that the defendant's order to provide community service for 2 years and 80 hours of suspended execution and the order to attend a lecture for treatment of sexual assault for 40 hours is too uneasible.

Judgment

In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that the Defendant has no record of criminal punishment for sexual assault crimes, and all the conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, degree of prosecution, and circumstances after the crime, etc., the aforementioned assertion is without merit.

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

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