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(영문) 서울북부지방법원 2016.06.02 2016노464
강제추행미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (2 million won in punishment, 40 hours in total, and orders to complete sexual assault treatment programs for 40 hours) based on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. In light of the fact that the victim has obtained a considerable mental impulse due to the Defendant’s instant crime, and that the victim has failed to agree with the victim, strict punishment against the Defendant is necessary.

However, in full view of the following facts: (a) the Defendant was aware of the instant crime and divided; (b) there was no record of criminal punishment; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of committing the instant crime, means and consequence thereof; and (d) all the sentencing circumstances indicated in the records and arguments, such as the circumstances after committing the instant crime, the lower court’s sentencing is too uneasible 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. It is so decided as per Disposition.

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