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(영문) 울산지방법원 2017.05.25 2017노422
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence (10 million won in penalty and 40 hours in order to complete a sexual assault treatment program) imposed on the accused by the court below is too uneasible and unfair.

The Defendant committed the instant crime against the same victim only for two months and two months, after being sentenced to a suspended sentence of five months, due to the Defendant’s obstruction of business against the victim.

The degree of indecent act is relatively serious.

The favorable circumstances: The defendant shows an attitude against the defendant, recognizing the crime of this case.

There seems to be some circumstances to consider the background of the instant crime.

In agreement with the victim, the injured party does not want to punish the accused.

In full view of all the conditions of the argument and the sentencing indicated in the record of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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 groundless.

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