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(영문) 광주지방법원 2015.11.25 2015노1160
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) of the lower court is deemed to be too unhued and unreasonable.

2. Although the degree of indecent act committed by the Defendant is serious, it seems that the Defendant recognized his mistake and reflects against the Defendant, the victim did not want punishment against the Defendant, and the Defendant appears to have served as a primary offender with the first offender with the intention to commit the instant crime. However, the Defendant appears to have served the time for attending the instant crime, such as engaging in voluntary activities for more than 30 hours after the decision of the lower court was rendered. In light of the circumstances leading up to the instant crime, circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too unjustifiable and 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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