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(영문) 수원지방법원 2014.10.16 2014노1848
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) against the Defendant is too uneased and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant committed the instant crime, which committed an indecent act by the victim’s her son’s her son’s her son, is not good. The Defendant denies the crime, and the Defendant did not agree with the victim and did not make any effort to recover from damage.

However, in full view of the Defendant’s age, character and conduct, occupation and family environment, background and result of the crime, etc., as well as various sentencing factors in the instant case, including the Defendant’s age, character and conduct, occupation and family environment, circumstances after the crime, etc., the lower court’s sentence imposing a fine of KRW 2 million on the Defendant to complete a sexual assault treatment program for a relatively long period of 40 hours cannot be deemed unfair because it is excessively 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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