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(영문) 부산지방법원 2015.10.23 2015노2266
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the punishment of the lower court (one year of suspended execution in six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unhued and unreasonable;

2. We examine the judgment, and it is recognized that the defendant did not seem to be against the law, such as denying the crime from the investigative agency to the court of the court below, and that the defendant did not agree with the victim.

However, considering the fact that the defendant has no record of punishment for the same kind of crime, there is no record of punishment exceeding a fine, that the defendant has committed an indecent act against the victim with clothes, that the defendant has committed an indecent act against the victim, and that the degree of indecent act is extremely important, and that the defendant's age, family relation, occupation, career, and all other matters concerning the sentencing specified in the records and arguments of this case are considered appropriate, the prosecutor's assertion is without merit.

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

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