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(영문) 서울서부지방법원 2014.08.12 2012노1246
준강제추행
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 years of suspended execution in six months of imprisonment, one hundred and sixty hours of community service order, and probation) is too unhued and unreasonable.

2. Determination: (a) the Defendant denied and did not reflect the instant crime; and (b) on May 30, 201, the Defendant committed a crime similar to the instant case, and (c) was sentenced to a suspended sentence of two-year imprisonment at the first instance court for six months as a quasi-indecent act by force at the Incheon District Court Branch Branch Branch of the Incheon District Court on May 30, 201; (b) on April 6, 2012, the Defendant committed the instant crime; (c) was committed again on April 6, 2012; and (d) the Defendant did not agree with the victim, etc.

However, in full view of the factors of sentencing favorable to the defendant and various other factors of sentencing specified in the records of this case, such as the fact that the judgment of the court below should be taken into account at the same time as the crime of quasi-indecent act committed in the judgment of the court below, the damage caused by the crime of this case is minor, the fact that the defendant had no record of severe punishment except the punishment as a fine before the crime of this case was committed, and the defendant seems not likely to repeat a crime, but it appears that the defendant could prevent recidivism through probation and community service order declared by the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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