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(영문) 서울동부지방법원 2015.07.16 2015노401
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a form of unfair treatment) is unreasonable in light of the following: (a) the Defendant did not seem to have the nature of the crime by deceiving the victim’s chest within the attendance time bus, raising the victim’s fingers, and raising the victim’s fingers; and (b) the possibility of recommitting a crime is high; and (c) the Defendant’s punishment (e.g., a fine of three million won) is too uneasible.

2. There is insufficient evidence to acknowledge that the Defendant is highly likely to repeat a crime, as alleged by the prosecutor having priority over the determination of the grounds for appeal.

In addition, considering the remaining circumstances that the prosecutor made, even though the defendant made a confession of the crime, the defendant is divided into errors, the defendant has no previous criminal record, and the victim's attorney-at-law in the victim and the victim's attorney-at-law agree to pay a considerable amount of agreement to the defendant, and considering the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, motive for and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below against the defendant is appropriate, and the determination of the amount is not unreasonable.

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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