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(영문) 서울북부지방법원 2016.04.28 2016노77
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (an amount of KRW 4 million, and an order to complete a sexual assault treatment program for 40 hours) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. In the event that the accused committed an indecent act against the victims in a three-time concentration place and the nature of the offense is grave, strict punishment against the accused is required.

However, in full view of the following facts: (a) the Defendant recognized each of the instant offenses; (b) there was no record of criminal punishment; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the offense; (b) means and consequence of the offense; and (c) all of the sentencing circumstances indicated in the records and arguments, such as the circumstances after the offense, etc., the lower court’s sentencing is too unafford and

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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