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(영문) 수원지방법원 2015.06.11 2015노129
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (e.g., the Defendant first committed the instant crime against the victim in the passage of the building; the Defendant's act of indecent acts by compulsion is deemed to have committed the instant crime, with the highest figures and her mar, which is a woman with the highest figures and sexually secret, and thus, the nature of the crime is not good. In light of the fact that the crime of indecent acts by compulsion is likely to have serious harm the sexual self-determination right of women, and that there is a need to strictize by committing the crime of causing serious harm to the sexual self-determination right of women; and that the shock, fear, and apprehension that the victim suffered due to the instant crime is likely to have increased, it is unfair for the lower court to impose a fine of 4 million won

2. The judgment of the court below is deemed to have committed the instant crime with drinking alcohol and contingent, and there is no record of criminal punishment except for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct and environment as shown in the records and arguments, the court below’s sentence is not deemed to be unfair even if all the circumstances alleged in the grounds for appeal are considered, and therefore, the above assertion is without merit.

3. The prosecutor's appeal of 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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