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(영문) 수원지방법원 2015.06.11 2014노7156
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds of appeal (e.g., in a case where the Defendant had committed an indecent act on two occasions against a female employee, who is a female employee, who was only 18 years of age while making a reply with his/her employees at a shop operated by him/her, and committing an offense is not significant and criminal quality. In light of the above, the lower court’s sentence imposing an order to complete a sexual assault treatment program for a fine of KRW 3 million and eight hours is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment cannot be deemed unreasonable because it is too unreasonable, considering the following factors: (a) the Defendant’s mistake is against the Defendant; (b) there is no history of criminal punishment for the same kind of crime; (c) the victim does not want the punishment of the Defendant; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (b) the circumstances before and after the instant crime; and (c) the character, conduct, and environment

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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