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(영문) 수원지방법원 2014.10.30 2014노2154
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and 40 hours of order to complete a sexual assault treatment program) against the Defendant is too unhued and unreasonable.

2. In light of the circumstances leading up to the instant crime that the Defendant committed an indecent act by inducing the victim, who had the victim consulted about the estimate of director, the fact that the nature of the crime is not somewhat weak, that the Defendant denies the crime, that the Defendant did not agree with the victim, and that he did not make any effort to recover from damage, is an unfavorable condition against the Defendant.

However, comprehensively taking account of the following factors: (a) the Defendant was a primary offender with no criminal history; (b) the degree of indecent conduct in the instant crime is not serious; and (c) the Defendant’s age, character and conduct, occupation and family environment, the circumstances and result of the instant crime; and (d) the sentencing factors indicated in the instant case, such as the following circumstances, the lower court’s sentence imposing a fine of KRW 3 million on the Defendant, imposing an order to complete a sexual assault treatment program for a relatively over 40 hours, is unreasonable.

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

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