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(영문) 서울동부지방법원 2015.04.16 2014노1811
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., inasmuch as the Defendant’s two victims are indecent acts by compulsion, theft of one of the victims’ smartphones, and thus the nature of the crime is not weak, and the victims were punished by the Defendant due to their failure to agree with the victims, etc., the order to complete a sexual assault treatment program for 40 hours is unfair because the court below’s fine of KRW 5 million imposed on the Defendant, and the order to complete a sexual assault treatment program for 40 hours is too unreasonable.

2. Taking into account the circumstances where the prosecutor’s decision on the grounds for appeal is well-founded, considering the following factors: (a) the Defendant did not have a criminal record except for the punishment imposed as a fine for a crime of this kind; (b) appears to have committed the crime of this case in a drunken condition; (c) the recognition of a mistake and reflects the fact that the stolen smartphone immediately returned to the victim; and (d) the damage was recovered by the immediate return of the victim; and (e) other conditions of sentencing stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, health conditions, motive for a crime, etc., the sentence imposed by the lower

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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