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(영문) 광주지방법원 2017.06.28 2016노2899
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of the execution of two years, the sexual assault treatment program of forty hours, and the community service order of 80 hours) is too uneased and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 62-2 of the Social Service Order Act on the Punishment, etc. of Sexual Crimes against Children and Juveniles). However, the part of the judgment below’s “3. Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes against the Child and Article 47(1) of the Act on the Protection, etc. of Sexual Crimes against the Child and Article 49(1) proviso of the Act on the Protection, etc. of Sexual Crimes against the Child and Article 50(1) proviso of the Act on the Protection, etc. of Sexual Crimes against the Child and Article 50(1) proviso of the Act on the Protection, etc. of Sexual Crimes against the Child and Article 25(1) of the Rules on the Criminal Procedure is clearly omitted.

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