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(영문) 인천지방법원 2018.01.26 2017노3584
강제추행교사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a penalty of three million won) declared by the court below is too uneasy and unreasonable.

2. The crime of this case was committed by the Defendant, i.e., by using the victim who did not have any awareness to B, and by speaking to the effect that her chests and her chests, and by inducing another person to commit an indecent act. In light of the nature of the crime, and the fact that her was deemed to have caused a considerable sense of sexual humiliation, the Defendant’s criminal liability is not weak.

However, the Defendant recognized the crime of this case, and runs counter to his fault in depth.

At the time of the instant case, both the Defendant and B appears to have caused the instant crime under the influence of alcohol, and the degree of the hydroelectric punishment that B exercised by the victim was not heavier.

There is no criminal offense against the defendant beyond the same kind of offense and fine.

The defendant has the possibility of improving his character and conduct through proper edification as he is aged 22's early life in society.

It seems that the social ties with the surrounding people are well maintained.

In full view of such circumstances as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., and the sentencing conditions as shown in the instant records and arguments, even if the Defendant was not sentenced to punishment, it is deemed that the Defendant would not be subject to punishment again. As such, it cannot be deemed that the sentence imposed by the lower court is too unfortunate and unfair.

Therefore, prosecutor's assertion is not accepted.

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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