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(영문) 수원지방법원 2016.08.25 2016노1229
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the Defendant’s crime of this case is committed on the ground of the prosecutor’s appeal: (b) on the ground that the Defendant was placed in the staff room on the front of the victimized male at the workplace; (c) opened on the front door of the victim’s left chest; and (d) opened it on the top of the victim’s night; and (c) in the same place, it is unreasonable for the lower court to impose a fine of KRW 4 million and KRW 40,000,000 and KRW 40,000,000 to order the sexual assault treatment program at the same time and on two occasions; (d) the Defendant’s indecent act was not against the Defendant’s partial denial of the crime; and (e) the victim was subject to considerable mental shock due to the instant case; and (e) the victim was punished by the Defendant.

2. In light of the circumstances alleged in the grounds of appeal, the lower court’s sentence is too unjustifiable and unreasonable, considering the following: (a) the Defendant recognized a mistake in the trial of the party; (b) the degree of prosecution is relatively heavy; (c) the Defendant has no record of criminal punishment; and (d) the motive and background of each of the of the crimes of this case; (b) the circumstances before and after the commission of the crime of this case; (c) the degree of damage; and (d) the Defendant’s character and conduct, environment, and family relationship as indicated in the records and arguments of this case.

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

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