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(영문) 청주지방법원 2017.04.21 2016노1161
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of seven million won, and an order to complete a sexual assault treatment program with twenty hours) by the court below is deemed to be too uneasy and unfair.

2. The lower court seems to have rendered a sentence against the Defendant, taking into account the following circumstances: (a) the details and degree of the commission of the prosecution; (b) the background of the prosecution; (c) the relationship between the Defendant and the victim; (d) the victim was not agreed upon; and (e) the Defendant did not have the same criminal record; and

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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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