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(영문) 수원지방법원 2016.06.23 2015노7110
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is as follows: (a) the crime of this case is committed by the defendant at night, in light of the following: (b) the defendant forced a female 17-year-old female knife to sit in a side in a bus; and (c) it is not good to have committed an indecent act against his hand by cutting off the bus on his hand; and (d) it is not reasonable to have committed an indecent act against the chest by hand; and (e) it is not endeavored to compensate for damages even if the mental shock suffered by the victim appears to have considerable amount of damage; and (e) the court below's sentence ordering the defendant to complete a sexual assault treatment program for a fine of KRW 3 million and 40 hours is unfair because the sentence of the court below is too unfford.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, considering the following factors: (a) the Defendant recognized a mistake and reflects the fact that the Defendant committed the instant crime in contingency under the influence of alcohol; (b) there is no record of criminal punishment; and (c) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the character, conduct, environment, and family relationship of the Defendant as indicated in the instant records and pleadings; and (c) the foregoing argument 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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