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(영문) 광주지방법원 2016.01.20 2015노1558
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. In light of the following circumstances: (a) the degree of indecent act in the instant case is not somewhat weak; (b) the Defendant did not agree with the victims; (c) the Defendant recognized his mistake and reflects against the Defendant; (d) the Defendant did not have any like sex offense and violent crime; (c) the Defendant deposited KRW 1 million for the victim E; and (d) the Defendant deposited KRW 200,000 for the victim F; and (e) the principle of equity with the case where the judgment is to be rendered simultaneously with the criminal record stated in the first head of the criminal facts in the judgment of the lower court, which are in a concurrent relationship after Article 37 of the Criminal Act; and (d) other factors of sentencing specified in the instant argument, such as the background of the instant crime, the circumstances after the crime, the Defendant’s age, sexual behavior, and environment, etc., the Prosecutor’s assertion is without merit.

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

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