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(영문) 인천지방법원 2014.12.26 2014노3636
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend a sexual assault treatment course) of the lower court is deemed to be too unfeasible and unreasonable;

2. The instant crime is an indecent act committed by the Defendant against the victim, who is a taxi engineer on an expressway under the influence of alcohol. In light of the details and risk of the crime, the crime is bad in light of the nature and risk of the crime, and the victim was partly damaged by the taxi while playing in the Defendant’s indecent act, against the Defendant’s facilities.

However, in full view of the following: (a) the Defendant committed the instant crime; (b) there is no record of being punished for the same type of crime or of being sentenced to a fine exceeding the fine; (c) the Defendant paid and agreed to pay KRW 6 million to the victim; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (c) the circumstances before and after the commission of the instant crime, the Defendant’s sentence against the Defendant is too uneasible

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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