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(영문) 서울남부지방법원 2017.10.27 2016노2652

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is deemed to be too unhued and unfair.

2. Considering the circumstances asserted by the prosecutor on the grounds of appeal, such as the fact that the victim did not reach an agreement with the victim and had the same kind of power two times, etc., the court below’s sentencing grounds (such as the fact that the defendant’s guardian is somewhat lacking as intellectual disabled persons, and that the defendant’s guardian strongly expressed his intent to protect) and all of the sentencing conditions in the records and arguments of this case, including the fact that there is no change in circumstances after the court below, the sentence imposed by the court below is deemed appropriate, and the prosecutor’s assertion is unreasonable as it is too uneasible. Therefore

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.