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(영문) 수원지방법원 2015.02.12 2014노4206
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court’s sentencing (amounting to KRW 10 million, and 40 hours after completing a sexual assault treatment program) is deemed unreasonable.

On the other hand, the degree of the indecent act by compulsion of this case is not somewhat weak, and the victim G (the victim) appears to have suffered considerable sexual humiliation and mental pain in the course of investigation after the crime of this case and investigation after the crime of this case, etc. are disadvantageous to the defendant.

However, considering all other circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below cannot be deemed to be unfair because the sentencing of the case is too unfortunate, in light of the following: (a) the defendant deposited the victim as a victim at the court below; (b) the victim was additionally paid KRW 3 million to the victim in the trial; (c) the first offender was the first offender; (d) the mistake was recognized; and (e) the imprisonment of this case was sentenced due to the revocation of the qualification for taxi driving or the taxi driver's license; and (e) the defendant's age, character and conduct, motive, means and consequence of the crime; and (e)

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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