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(영문) 전주지방법원 2015.02.06 2014노1264
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in six months of imprisonment, community service order and order to attend a lecture) against the accused in the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the crime of this case was committed in indecent act by inserting hand in the clothes of a woman who was unaware of the defendant under the influence of alcohol, and the nature of the crime is not good, and is still not yet agreed with the victim, the defendant should be strictly punished. However, in light of the fact that the defendant recognized the crime and against himself, that the defendant deposited a certain amount for the victim during the trial, that there was no record of having been sentenced to imprisonment or heavier punishment for the same kind of crime, and that there was no record of being sentenced to punishment or imprisonment without prison labor, and other various circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is too unjustifiable, and thus,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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