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(영문) 광주지방법원 2016.11.30 2016노1494
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (5 million won of a fine and 40 hours of an order to attend a sexual assault treatment program) declared by the court below is too unhued and unreasonable.

2. Determination of the crime of this case is not very good, and the victim seems to have suffered a huge mental shock, etc. is disadvantageous to the victim.

On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, that the victim was not punished against the defendant, that the defendant was the first offender without any previous conviction, and that the person including the family members of the defendant wanting to take the action against the defendant.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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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