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(영문) 수원지방법원 2017.01.19 2016노4934
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the prosecutor’s appeal grounds (unfair sentencing) of the instant crime is unreasonable in light of the following: (a) the Defendant committed an indecent act against the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Judgment

In full view of the facts alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable, even if considering the circumstances alleged in the grounds of appeal, and thus, it is not determined that the Defendant’s punishment is too unreasonable, since it is not reasonable, since it is not reasonable in light of the following: (a) the Defendant’s mental disorder with mental disorder that shows excessive physical contact, aggressive behavior, and symptoms; (b) the degree of the commission of the crime; and (c) there is no record of criminal punishment for the same kind of crime; and (d) there is no other history of criminal punishment.

In conclusion, 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.

However, inasmuch as the lower judgment’s error was omitted between “the Defendant,” and “ October 13, 2015,” and “in a state where the ability to discern things or make decisions is weak due to non-human mental disorder, etc.” among the lower judgment, it is determined to add it ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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