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(영문) 인천지방법원 2015.01.09 2014노3857
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (or four months of imprisonment, one year of suspended execution, and 40 hours of sexual assault treatment lectures) of the lower court is deemed to be too uneasy and unreasonable;

2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant entered the elevator to commit an indecent act or indecent act against women in the elevator, where the Defendant was sealed at night, and the crime is bad in light of the circumstances of the crime, and the victim G was deemed to have suffered considerable mental impulse.

However, in full view of the following factors: (a) the Defendant was at the time of committing the instant crime, and the mistake is divided; (b) there is no other force except the sentence of a fine for the crime of drunk driving; (c) the Defendant paid KRW 3 million to the Victim G at the lower court; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (c) the circumstances before and after the commission of the instant crime, the Defendant’s sentence against the Defendant is too unreasonable

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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