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(영문) 창원지방법원 2014.12.18 2014노2230
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment (including a fine of three million won, and completion of a sexual assault treatment program for forty hours) declared by the court below is too unhued and unreasonable.

2. The crime of this case is found to be the case where the defendant committed an indecent act by force against the victim's her her butt will with the victim's her loss, and the victim seems to have suffered considerable mental damage due to the above crime.

However, in full view of the following circumstances: (a) the Defendant acknowledges the Defendant’s mistake and reflects it; (b) since the decision of the court below was made, the victim was smoothly agreed with the victim; (c) the Defendant wants the Defendant’s wife; (d) the Defendant did not have any record of criminal punishment except two suspended indictment; and (e) the Defendant did not have any record of criminal punishment for any crime similar to the instant crime; and (e) the Defendant’s age, character and conduct, occupation and environment, family relationship; (c) the background and consequence of the instant crime; (d) circumstances after the instant crime was committed; and (e) all other circumstances that are conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime was

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, in the application of the law of the court below, the "1. Order to attend school" is an erroneous entry of "1. Order to attend school", and such error is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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