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(영문) 창원지방법원 2017.06.29 2017노991
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is unreasonable because it is too uneasible.

2. We examine whether the crime of this case is not good for the crime of this case, such as: (a) the defendant acknowledges and reflects his mistake; (b) the first offender is the first offender; (c) the agreement with the victim is a favorable sentencing ground; and (d) the victim, who was walking on the new wall, kiding him, and forced him to leave his chest, etc., is an unfavorable sentencing ground.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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