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(영문) 수원지방법원 2016.08.25 2016노1234
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal grounds (unfair sentencing) is that the Defendant committed an indecent act in the course of night by inducing the victim, which is not good to the nature of the crime, and the damage is not recovered. In light of the fact that the Defendant committed the instant crime, the sentence of the lower court imposing a fine of KRW 3,00,000 is too uneasible and unreasonable.

Judgment

In full view of the facts alleged in the grounds of appeal, including the Defendant’s age, sex, environment, motive and background of the crime, degree of prosecution, and circumstances after the crime, the court below’s punishment is too uneasible and unfair, even if considering the circumstances alleged in the grounds of appeal, since it is not determined that the court below’s punishment is too uneasible and unfair, even if it is considered in light of the circumstances alleged in the grounds of appeal, and thus, it is not reasonable.

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

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