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(영문) 서울북부지방법원 2016.10.13 2016노672
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. The defendant requires strict punishment in light of the fact that the victim got a considerable mental impulse due to the defendant's crime of this case in determining the grounds for appeal of this case, and that the victim failed to reach an agreement with the victim.

However, considering the fact that the Defendant was committed in the instant crime and divided, there is no record of criminal punishment except that sentenced to a fine of KRW 1,50,000 for violent crimes in 1978, and that health conditions are bad due to alcohol existence and brain color, and other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance of the offense, means and consequence, the circumstances after the commission of the offense, etc., the sentencing of the lower court is too unjustifiable, and it is not recognized that the sentencing of the lower court is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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