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(영문) 인천지방법원 2015.07.22 2014노4805
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (5 million won of a fine and 40 hours of order to complete a sexual assault treatment program) is too unhued and unreasonable.

2. In full view of the circumstances, contents, etc. of the instant crime, which are not good in light of the nature of the crime, the same criminal record is one time, and the victim wants to punish the Defendant, etc., but the confession and reflects the instant crime, the fact that there is no record of criminal punishment exceeding the fine, and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, happiness and family environment, and the circumstances before and after the commission of the crime, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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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