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(영문) 창원지방법원 2015.10.20 2015노1456
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (2 million won of fine, and 40 hours of completion of sexual assault treatment programs) declared by the court below is too uneased and unreasonable.

2. It is recognized that the instant crime appears that the victim would have suffered a considerable mental impulse due to the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the victim did not want the Defendant’s punishment by mutual consent with the victim; and (c) the Defendant did not have any history of punishment in the past; and (d) there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (c) the circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the crime, etc., it

3. The prosecutor's appeal of 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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