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(영문) 서울동부지방법원 2016.06.30 2016노193

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million and an order to complete a sexual assault treatment program for 40 hours) is too uneased and unreasonable.

2. In light of the following: (a) the type and degree of the Defendant’s act of committing the instant crime; and (b) the background leading up to the instant case; and (c) considering all of the factors of sentencing, as seen in the grounds of sentencing, the lower court’s determination does not seem to be unfair as it is deemed that the punishment determined by the lower court is adequate and too unreasonable.

3. Accordingly, 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.