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(영문) 인천지방법원 2016.08.17 2016노1195
강제추행
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (Defendant B: 5 million won of fine, 40 hours of order to complete a sexual assault treatment program, Defendant A: 4 months of suspended sentence of imprisonment for April, 1 year of suspended sentence, and 40 hours of order to attend a sexual assault treatment lecture) is too uneasy and unreasonable.

2. It is recognized that the Defendants did not reach agreement with the victims up to the time of the trial. Defendant A was punished for the same kind of crime.

However, in full view of the following circumstances: (a) the Defendants are against the Defendants’ perception of their mistake; (b) Defendant B did not have been punished for the same kind of crime; (c) there was no change of circumstances after the pronouncement of the lower judgment; and (d) the degree of the instant compulsory indecent act; (b) the Defendants’ age, sexual conduct; (c) environment; (d) motive and circumstance after the commission of the crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the circumstances after the commission of the crime, etc

Therefore, the prosecutor's assertion is not accepted.

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

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