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(영문) 의정부지방법원 2017.10.16 2017노2064
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of eight months, two years of suspension of execution, order of observation and treatment of protection, and 40 hours of instruction of sexual assault treatment) is too uneasy and unreasonable.

2. The instant crime was committed by indecent act or assault against a victim who prevents the Defendant from taking things without calculating at the convenience store, and the nature of the crime is not less severe, and the Defendant did not receive a letter from the victim so that it can be avoided in the first instance.

The defendant has been punished for the suspension of the execution of imprisonment with labor due to the crime that commits an indecent act or assault against a female on the street.

However, in light of the fact that the Defendant is receiving treatment due to the existence of alcohol, family members are in the treatment and leading of the Defendant, and other various sentencing conditions indicated in the record, such as the background of the crime, circumstances after the crime, the age and health conditions of the Defendant, etc., the lower court’s punishment is too unfeasible and unreasonable.

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.

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