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(영문) 서울서부지방법원 2015.07.09 2015노123
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the postponement of sentence: a fine of one million won) is too heavy.

2. The fact that the defendant's act of indecent act by compulsion of the victim's chest without any reason is an element of sentencing unfavorable to the defendant.

However, it is the sentencing factors favorable to the defendant that the defendant denied the crime in the investigative agency, but later recognized the crime, agreed with the victim in the original trial, that the defendant was the primary offender, that the defendant had faithfully worked in Korea for about one year until now.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and 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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