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(영문) 서울북부지방법원 2014.04.03 2014노28
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of three million won and an order to complete sexual assault treatment programs 40 hours) imposed by the court below against the defendant is too unfasible.

2. In light of the following circumstances: (a) the Defendant’s mistake recognized by the lower court, and thus is against depth; (b) the first offender who has no record of criminal punishment; (c) the Defendant’s order to complete sexual assault treatment programs 40 hours together with the Defendant’s order to submit personal information imposed on the Defendant; and (d) the effect of preventing recidivism is expected; and (c) the Defendant’s punishment conditions in the records, such as motive and background leading up to the instant crime; (d) the Defendant’s age before and after the instant crime was committed; and (e) the Defendant’s age, character and conduct, occupation, occupation

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.

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