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(영문) 수원지방법원 2015.06.11 2015노193
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal of this case is that the defendant committed the crime of this case, in consideration of the degree and circumstance of indecent act by force, the court below’s sentence of fines of two million won is too uneasible and unjust, because the defendant suspended the sentence of fines of two million won because the defendant's punishment is too uneasible to the victim who dives tobacco in front of drinking house by taking the victim’s knive hand, and the victim who enters the place of the damaged drinking house, followed the victim, who entered the place of the damaged drinking house, thereby committing an indecent act by force.

2. In light of the following factors: (a) the Defendant’s mistake is against the judgment; (b) the Defendant has committed the instant crime by drinking alcohol and contingently; (c) the Defendant has already paid KRW 4 million to the victim in the judgment of the court below; and (d) the victim has already expressed his intent not to be punished; (c) the Defendant has no record of criminal punishment; and (d) the Defendant has no record of criminal punishment; and (c) other factors specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (d) the circumstances before and after the instant crime; (e) the degree of damage; and (e) the character, conduct, and environment of the Defendant as expressed in the records and arguments of this case, the lower court’

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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