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(영문) 수원지방법원 2017.07.20 2016노9021
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is that the crime of this case is committed by the defendant, taking advantage of the situation where the victim who was seated in the side of the bus was locked, and the victim's chest was forced to commit an indecent act by viewing the victim's chest as a hand by using the victim's chest, and by viewing the victim's chest as a snife, and the victim's punishment is sought, it is improper for the court below to impose an order to complete the sexual assault treatment program for a fine of 5 million won and 40 hours, because the sentence of the court below, which sentenced the order to complete the sexual assault treatment program is too unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

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

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