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(영문) 창원지방법원 2015.08.11 2015노983
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unreasonable because the punishment (3 million won of a fine, and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unreasonable.

2. It is recognized that the defendant did not receive a letter from the victim until the trial is held by the victim.

However, taking into account the following circumstances: (a) the Defendant recognized the instant crime; (b) there has been no history of criminal punishment until now; and (c) the degree of an indecent act is relatively minor; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime; and (b) the circumstances after the crime, etc., which are the conditions for the sentencing as indicated in the present pleading and the record, cannot be deemed as being too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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