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(영문) 서울중앙지방법원 2018.04.27 2017노4298

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the suspended sentence of a punishment of three million won) is too uneased and unreasonable.

2. The crime of this case is deemed to have a great mental shock that the defendant suffered from the string who committed an indecent act with the victim's her butt inside the club, which is an indecent act against the victim's her part and chest.

However, all of the crimes of this case are recognized by the defendant, there is no record of sexual assault against the defendant, and the victim does not want punishment against the defendant in agreement with the victim at the court below, and the social ties between the defendant and the defendant are relatively clear, and efforts to prevent recidivism are being made to the defendant.

In the instant case where there is no special change in circumstances that could change the sentence of the lower court, including the above circumstances, and considering all of the sentencing conditions in the records and theories of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court was too unfeasible and exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

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.