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(영문) 창원지방법원 2017.09.21 2017노2270

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is unreasonable because it is too uneasible.

2. In light of the judgment, the fact that the defendant has no record of committing a crime in the Republic of Korea, the fact that the defendant has no record of committing a crime in the Republic of Korea, the fact that there is a family member to support, and that the economic situation is not good, is a favorable reason for sentencing, and the fact that the defendant has not received a letter from the injured party or has not

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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.