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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2013.08.22 2013노253
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the prosecutor’s appeal is that the court below’s punishment (three years of suspended sentence in one year and six months of imprisonment) is too unhued and unreasonable.

2. Although the nature of the crime of this case is not good, the defendant confessions the crime of this case and reflects the mistake, the victim does not want the punishment of the defendant, the defendant does not have any record of punishment for sexual assault, and the defendant does not have any record of criminal punishment. This case needs to consider equity in the case of the defendant with regard to the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) which became final and conclusive on February 15, 2013. Considering all the circumstances such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the prosecutor's allegation above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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