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(영문) 광주고등법원 (제주) 2013.11.13 2013노70
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal in this case is that the sentence of the lower court (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. According to the records, in full view of the following: (a) prior to the instant crime, the Defendant did not have the same criminal record prior to the instant crime; (b) the Defendant was not sentenced to the suspension of qualification or heavier punishment, which is disqualified for the suspension of sentence; (c) the agreement with the victim; and (d) the degree of indecent act against the victim is insignificant, it is deemed that the circumstance that the Defendant would not repeat

Therefore, the prosecutor's above assertion cannot be accepted.

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

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