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(영문) 수원지방법원 2015.07.28 2015노1214
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the nature of the instant crime is extremely poor, and the fear of suffering of suffering of suffering of suffering of the victim and the mental impulse seems not to have been written, and the need for an appropriate sentence even to prevent recidivism is also necessary, the lower court’s sentence that sentenced to orders to complete sexual assault treatment programs for a period of 6 months and 40 hours is too uneasible and unreasonable.

2. In light of the various factors stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s mistake, drinking alcohol and contingency, the Defendant committed the instant crime without any history of criminal punishment for the same kind of crime, and the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and the character and conduct of the Defendant and the environment as shown in the instant records and arguments, it is not determined that the sentence of the lower court is unreasonable even considering all the circumstances alleged in the grounds for appeal. Therefore, the foregoing assertion is without merit.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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