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(영문) 의정부지방법원 2015.01.15 2014노2592
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, forty hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. The crime of this case, which committed the crime of this case on board, is limited to the crime of taking a large number of victims over a total of 120 occasions for a period exceeding one year and committing an indecent act on a minor victim in the bus, and the defendant, despite the previous conviction of the same kind of suspended execution and the previous conviction of a fine, is inevitable to sentence the crime of this case to be committed.

However, in light of the overall sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., it cannot be deemed that the sentence of the lower court is too heavy or too unreasonable in light of the following factors.

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, the phrase “Article 16(2) of the Act on Special Cases concerning Order 1. Order, Punishment, etc. of Sexual Crimes” in the application of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes ex officio is amended by changing the phrase “1. Order, etc., Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,”

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