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(영문) 의정부지방법원 2014.10.16 2014노1359
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 million won of a fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. The crime of this case was committed on the basis of the nature of the crime by committing an indecent act against the victim at a public gathering place and assaulting the victim. However, in light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, it cannot be deemed that the sentence of the court below against the defendant is too heavy or too unreasonable in light of the following factors: the defendant's first offender without any previous conviction; the defendant's age, character and conduct, environment, motive, means and consequence of the crime;

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, 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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