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(영문) 수원지방법원 2017.08.24 2017노665
강제추행미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal of this case is as follows: (a) each of the instant crimes committed by the Defendant was attempted to commit an indecent act by deceiving the victim D’s buckbucks in the way, where the Defendant walking along the way; (b) by entering the buckhouse operated by the victim F, golf bonds, which are dangerous articles for the said victim, are attached to the said victim; and (c) by threatening the victim H on the way without any justifiable reason.

In light of the fact that K’s finger assaults the victim’s fingers, opens the door door of the building managed by the victim L, intrudes the defendant, and obstructing the performance of official duties by attempted to visit the P and Q, which is a police officer in receipt of 112 report against the defendant, and the victims want to punish the defendant, etc., the sentence of the court below ordering the completion of the program for sexual assault treatment for a period of 1 year and 24 hours is too uneasible and unfair.

2. In full view of the facts alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unfair, since there is no history of punishment that the Defendant has been punished for a sex offense or exceeding fine, the damage from each of the crimes of this case is not very serious, and the circumstances of all kinds of sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc. are considered. Therefore, the above assertion is without merit.

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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