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(영문) 수원지방법원 2016.06.02 2015노6339
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (unfair sentencing) that the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court on September 24, 2014 and the judgment became final and conclusive on August 24, 201, and the instant crime was committed during the period of suspended execution, and the victim is punished by the Defendant, the lower court’s sentence that sentenced the Defendant to an order to complete a sexual assault treatment program for a fine of eight million won or more and forty hours is deemed unfair.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unreasonable, considering the following factors: (a) the Defendant recognized a mistake and speaked against the Defendant; (b) the Defendant committed the instant crime in contingency under the influence of alcohol; (c) there was no record of criminal punishment for the same kind of crime; and (d) the motive and background of each of the instant crimes; (b) the circumstances before and after the commission of the instant crimes; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, including the Defendant’

3. The appeal by the prosecutor of the 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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