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(영문) 광주고등법원 2013.07.09 2013노98
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is unreasonable because the sentence imposed by the court below (two years of imprisonment and three years of suspended execution) is too unfased.

2. The crime of this case is deemed to have committed an indecent act by force by a victim with intellectual disability, and the nature of the crime is not good. However, in full view of all the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances that should be considered in sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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