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(영문) 서울서부지방법원 2015.11.12 2015노1195
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of three million won) declared by the court below is too unhued and unreasonable.

2. The crime of this case is an indecent act at the entrance of the rest room where many unspecified people pass through, and the crime of this case is not good in light of the method of the crime or the form of the act, and the defendant's crime of this case does not seem to be less vulnerable to the defendant, such as the victim's feel sexual humiliation and displeasure.

However, there is a great room for improvement as the defendant's parents are leading to the defendant, although the defendant has been suspended from indictment due to rape in an investigative agency on 207, the victim has expressed his/her intention not to be punished against the defendant from the investigative agency, and the defendant has expressed his/her intention not to be punished against the defendant in the original trial. The defendant voluntarily agreed after this case, he/she has been consulted with the sexual assault counseling center and the mental department, and has completed the treatment program.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, social relationship, circumstances after the crime, and all the sentencing conditions indicated in the pleadings, the sentence of the lower court cannot be deemed as being too uneasible and unreasonable.

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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