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(영문) 울산지방법원 2017.09.27 2017노591
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment, and forty hours of lecture for treatment of sexual assault) is too uneased and unreasonable.

2. Unfavorable circumstances: The instant crime was committed by the Defendant, whether under the influence of alcohol, by drinking the victim’s chest, and by drinking the victim’s chest, and was committed in bad quality.

The favorable circumstances: The defendant shows an attitude against the defendant, recognizing the crime of this case.

The defendant paid 7 million won to the victim for the first time, and the victim did not want to be punished for the defendant by agreement with the victim.

In light of the aforementioned unfavorable circumstances, the Defendant’s age and character environment including favorable circumstances, relationship with the victim, motive means of crime, result of the crime, circumstances after the crime, etc., as well as the various sentencing conditions indicated in the present arguments and records, and the scope of the recommended punishment according to the sentencing guidelines (type of imprisonment from January to one year / one year / [type of imprisonment] under the general standard for the crime of indecent act by force (subject to 13 years or more), the punishment is not permissible [the scope of the recommended punishment] [the scope of the person subject to special mitigated punishment] under the mitigated sentence area (Article 1 to one year / one year), it is not recognized that the sentence imposed by the lower court is too unjustifiable and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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