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(영문) 광주지방법원 2015.11.25 2015노2529
준강제추행
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (4 months of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the defendant committed an indecent act against women at a sobry 204 and committed the crime of this case, even though he had been sentenced to punishment of 2 years of suspension of 6 months of imprisonment in 2004 and 3 million won in 2012, it again leads to the crime of this case, the degree of indecent act is not less severe, and the victim was deemed to have suffered considerable mental shock, but no recovery of damage was made. On the other hand, it seems that the defendant recognized the defendant's mistake and made a birth, and the denial seems to be responsible for the livelihood of his family members. In addition, taking into account the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the prosecutor and the defendant's above assertion are without merit.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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