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(영문) 수원지방법원 2015.06.30 2014노6021
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the prosecutor’s grounds of appeal (e.g., the Defendant did not reflect the Defendant’s mistake; the crime of this case is inferior in light of the manual, the circumstances before and after the crime, the degree of damage, etc.; and the fact that the victim solely left the workplace due to the instant case, the sentence of the lower court ordering the Defendant to complete the sexual assault treatment program for a fine of KRW 5 million and 40 hours is too unreasonable.

2. The judgment of the court below does not have any record of criminal punishment except that the defendant was punished twice by a fine due to the violation of the Punishment of Violences, etc. Act. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the character and conduct of the defendant and the environment as shown in the records and arguments of this case, the sentence of the court below is too unjustifiable, even considering all the circumstances

3. The prosecutor's appeal of 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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