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(영문) 서울동부지방법원 2017.01.19 2016노1202
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 (five million won in penalty and forty-hour sexual assault treatment programs) is too uneased and unfair.

2. In full view of the factors that are disadvantageous to the Defendant, the fact that it is difficult to find out that the Defendant was well-known, the fact that there is no effort to resolve the victim’s emotional harm, etc., and the fact that there is no effort to eliminate the victim’s emotional harm, etc., on the other hand, the victim’s statement was not significantly significant (in light of the Defendant’s behavior pattern appearing in the CCTV film material, it appears that the victim’s statement appears to have been distorted for a certain part). The Defendant’s age, sex, environment, the process and consequence of the instant crime, and all other circumstances that form the conditions for the sentencing as shown in the pleadings, such as the Defendant’s age, sex, and environment, the circumstances after the crime, etc., are adequate and 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.

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