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(영문) 수원지방법원 2015.09.01 2015노1213
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds for each of the instant offenses is as follows: (a) the Defendant committed an indecent act against the victim D and assaulted E and F to restrain the Defendant from doing so; (b) it is not good to form a crime; (c) the victim D did not recover from damage; (d) it appears that the victim D was sexually injured or the victim E and F was sexual shocked; and (e) it is necessary to make an appropriate sentence for the Defendant’s rehabilitation; and (b) the lower court’s sentence ordering the Defendant to complete a program for sexual assault treatment for an amount of KRW 4 million and eight hours is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence is not deemed unreasonable, considering all the following factors: (a) the Defendant was under the influence of drinking and contingently committing each of the instant offenses; (b) there is no history of criminal punishment; and (c) the motive and background of each of the instant offenses; (b) the circumstances before and after the instant offenses; (c) the degree of damage; and (d) the character, conduct, and environment of the Defendant, which are conditions for sentencing, such as the instant records and arguments. Therefore, the foregoing assertion is without merit.

3. The prosecutor's appeal of 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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