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(영문) 서울동부지방법원 2016.03.24 2015노1703
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in punishment, 24 hours in total, and 24 hours in total) is too uneased and unreasonable.

2. In light of all the circumstances favorable to the Defendant, such as the fact that the Defendant committed the instant crime at the lessee’s residence where he resides in his house, and that the Defendant did not have any criminal history, etc., the Defendant was treated as a first offender with no criminal history; that was, from around 2005, due to shock and dynamic disorder; that the Defendant was being treated again after the instant case; that the Defendant was under medical treatment; and that the Defendant was making efforts to recover the victim’s emotional distress, such as deposit of KRW 5 million in the victim’s future at the trial, etc., the sentence imposed by the lower court does not seem to be appropriate and too unjustifiable, and thus, cannot be deemed unfair.

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

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