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(영문) 서울서부지방법원 2015.10.22 2015노1150
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, two years of probation, and forty hours of taking sexual assault treatment courses) of the lower court shall be too minor;

2. The crime of indecent act by compulsion in the instant case is an element of sentencing unfavorable to the Defendant, which prevents the Defendant from suffering the Defendant’s back-to-her female returning home during the night, from suffering the Defendant’s back-to-her hand, and is highly likely to criticize in light of the method of committing the crime.

However, the fact that the defendant acknowledges and reflects the crime, there is no record of criminal punishment, and that the defendant seems to have an opportunity to reflect his/her mistake by being detained for about two months in the course of the trial of the court of first instance is the factor of sentencing favorable to the defendant.

In addition, considering the overall sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, etc., the sentence of the court below cannot be deemed to be too uneasible and 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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