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(영문) 수원지방법원 2017.09.21 2017노727
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case is deemed to be an indecent act committed by the defendant by force against the victim by force due to the victim’s inception who was locked with male-child room in the room of rain or water surface; (b) it is not good that the crime of this case is committed by the defendant; and (c) it is not compensated for damage; and (d) the court below’s sentence ordering the defendant to complete the sexual assault treatment program for a fine of 5,00,000 won and 40 hours is too una

2. In full view of the following circumstances, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too uneasible and unfair, even if considering the circumstances alleged in the grounds of appeal, such as the Defendant’s erroneous judgment, the fact that there is no history of criminal punishment, the victim expressed his/her intent that he/she would not want the Defendant to be punished after receiving compensation for damage at the time of the trial, and the circumstances of all the sentencing as shown in the records and arguments of the case, such as the Defendant’s age, sexual behavior

3. The appeal by the prosecutor of the 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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