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(영문) 수원지방법원 2014.07.17 2014노875
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, eight hours of community service order, and forty hours of order to attend sexual assault treatment lectures) against the accused is too uneased and unreasonable;

2. The fact that the nature of the instant crime is not good in light of the background, method, and result of the indecent act committed by the victim by threatening the victim as if the victim had a knife at the night of the judgment, etc., it appears that the lower court’s judgment ordering the Defendant, who is the first offender with no criminal record, to suspend the execution of imprisonment, provide community service, and undergo sexual assault therapy, has already been reflected in the part of the lower judgment that ordered the Defendant to take part in the prison term, and that the Defendant’s confession is against the Defendant, and the Defendant appears to have committed the instant crime not by the realization of the Defendant’s criminal behavior, but by contingent, rather than by the Defendant’s criminal behavior. In addition, comprehensively taking account of the various sentencing factors indicated in the instant case, such as the Defendant’s age, character and behavior, occupation and family environment, the background and result of the instant crime, and the circumstances after the crime, it cannot

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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