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(영문) 광주지방법원 2016.05.18 2015노2617

미성년자약취

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five years of suspended execution, five years of imprisonment, observation of protection, 120 hours of an order to attend an alcohol treatment program, and 80 hours of an order to attend an identification treatment program, such as behavior adjustment, etc.) is too unfasible and unreasonable.

2. The fact that the victim’s age and family members of the victim appear to have suffered a considerable mental impulse is disadvantageous to others.

On the other hand, the defendant recognized his mistake and reflected his mistake.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

The defendant suffered from disease such as dives, etc. in the depression of alcohol dependence, and the defendant was living in the same Dong as the victim after this case.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the age of the Defendant, sexual conduct, and environment, etc., various sentencing conditions specified in the instant argument are considered, it is not recognized that the lower court’s punishment is too uneasible and unfair. Therefore, the 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.