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(영문) 서울북부지방법원 2016.05.19 2016노320

준강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the sentence imposed by the court below on the defendant (the 3 million won suspended sentence) is too uneased.

2. The crime of this case is an indecent act committed by the victim in a state where the defendant has access to the public, and the liability for the crime is not somewhat weak. However, the defendant's recognition of the crime of this case and reflects the fact that there is no criminal history of the defendant, the defendant's agreement with the victim that the victim does not want the punishment of the defendant, and other circumstances that form the conditions for sentencing as shown in the arguments and arguments, such as the motive and circumstance leading up to the crime of this case, the means and method of the crime, the situation leading up to the crime, the age of the defendant, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be unfair because it is too small.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.