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(영문) 울산지방법원 2017.12.22 2017노1377

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (2 million won of punishment, 2 million won of punishment) is too unfilled and unfair.

2. The instant crime was committed by the Defendant’s indecent act by deceiving her her mbbbbbbbbbbbs, which is part of the Defendant’s life. The Defendant’s criminal act appears to have caused considerable sexual humiliation. At the time of the instant case, the victim was a minor at 18 years of age, and the victim did not agree with the victim or did not receive the victim’s her mbbbbbbs, etc., that is disadvantageous to the Defendant.

However, the fact that the defendant shows an attitude against the defendant when he recognizes the crime, that the defendant has no record of being punished for the same crime, and that the defendant has a disability of the third degree with delay disability, etc. are favorable to the above defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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.