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(영문) 인천지방법원 2014.06.13 2014노819
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 5,00,000 and the order to complete a program) of the lower court is too unhued and unreasonable.

2. The instant crime was committed by the Defendant under the influence of alcohol by committing an indecent act against the victim, who is the principal employee, and the fact that the crime is not good is unfavorable to the Defendant.

However, in full view of the following: (a) the lower court appears to have determined a sentence by fully considering the circumstances unfavorable to the Defendant; (b) the Defendant appears to have no change in circumstances that could change the circumstances that would be different from the lower court’s judgment; (c) the Defendant committed the instant crime; (d) the Defendant has no history of criminal punishment; (c) the Defendant has agreed with the victim; and (d) other various sentencing conditions in the records and pleadings, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the crime, the sentence against the Defendant is too uneas

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

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