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(영문) 울산지방법원 2015.11.06 2015노870
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unhued.

2. The crime of this case was committed by the Defendant while salking the victim against his will while committing the crime of this case. The victim seems to have been suffering from considerable mental pain and sexual health, and the fact that the Defendant did not receive from the said victim is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case, the type of the victim's use and the degree of indecent act is relatively not much serious, and this case is in conflict with the crime of public performance and the crime of indecent act in the latter part of Article 37 of the Criminal Act, which has become final and conclusive, and should be considered at the same time in accordance with Article 39(1) of the Criminal Act.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible.

3. In conclusion, 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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