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(영문) 창원지방법원 2015.04.02 2014노2946
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment imposed by the court below (two years of suspended sentence for eight months of imprisonment, two years of community service work, and forty hours of attendance required for the prevention of recidivism of sexual crimes) is too uneased and unreasonable.

2. The crime of this case is a case in which the Defendant continuously committed an indecent act against the victim who is a late-time employee under the age of 19, and the fact that the victim appears to have suffered a considerable mental impulse due to the crime of this case, and that the crime was not somewhat weak, such as resignation of the company, is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant recognized partial criminal facts; (b) the victim wanted to take the Defendant’s wife against the Defendant by mutual consent with the victim; (c) there has been no history of punishment so far; (d) the extent of indecent act has not been committed; and (e) the Defendant’s wife and is married with the Defendant, etc., taking into account the circumstances favorable to the Defendant: (a) equity with criminal punishment for other crimes similar to the instant crime; (b) the Defendant’s age, character and conduct, occupation and environment; (c) family relationship; and (d) the background and consequence of the instant crime; and (d) the circumstances leading up to the instant crime and the conditions of sentencing specified in the pleadings, such as the circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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