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(영문) 서울북부지방법원 2016.06.09 2016노612
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (1.5 million won in penalty, 40 hours in total, 1.5 million won in total, and 10 hours in total) is too uneasible and unfair.

2. In light of the mental suffering of the victim due to the instant crime, the liability for the crime is not somewhat weak; however, considering the fact that the defendant recognized the instant crime and has no record of punishment for the same kind of crime; the fact that the defendant agreed with the victim at the lower court that caused the instant crime; the motive and background leading up to the instant crime; the means and method of the crime; the circumstances before and after the instant crime; the defendant’s age, sexual behavior, environment, occupation, family relation, etc.; and other circumstances that are conditions for sentencing as shown in the arguments and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the defendant is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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