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(영문) 인천지방법원 2015.09.25 2015노2236
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. In the crime of this case, while the defendant was on board a subway 1-line mountain train, the defendant committed an indecent act against the victim by putting his sexual organ knee in the part of the victim's knee knee with his own kne, etc., by using the gap around the new knee kne, and by taking account of the circumstances and contents of the crime, etc., the crime of this case is not good. It is obvious that the victim suffered considerable mental pain due to the crime of this case, and the victim was punished, and no measures were taken to compensate for damage, and the victim was punished. However, considering the following circumstances: the defendant led to the crime of this case and led to the confession and reflect of the crime of this case; there was no record of criminal punishment exceeding the same criminal punishment; there is no record of criminal punishment; the defendant's age and e.g., circumstances before and after the crime of this case, the punishment against the defendant is too unfair.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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