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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노589
준강제추행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair punishment)’s punishment (limited to KRW 4 million) by the lower court is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime, the fact that the victim agreed smoothly with the victim, and the fact that there is no other criminal records.

On the other hand, this case is an indecent act committed by the defendant against the victim who was unable to resist, and is disadvantageous to the defendant, such as the crime method or the degree of damage.

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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