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(영문) 광주지방법원 2016.10.26 2016노1399
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unhued and unreasonable.

2. On March 18, 2015, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on the Punishment of Children and Juveniles against Sexual Abuse, and again committed the instant crime during the suspended sentence, and the said case also committed an indecent act against the victim himself/herself in a soup and soup similar to the instant crime.

However, in full view of the following: (a) the Defendant reflects his mistake; (b) the degree of indecent act is relatively not serious; (c) the circumstances of the instant crime; (d) the circumstances after the instant crime occurred; (c) the Defendant’s age, character and conduct; and (d) the application of the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is too un

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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