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(영문) 울산지방법원 2016.06.17 2016노582
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the lectures of sexual assault treatment are too uneasible and unfair).

2. The crime of this case is an indecent act committed by the Defendant, who is a working partner at the same workplace, and is not good in light of the content of the crime, etc., and it appears that the victim was suffering from severe mental impulse and pain due to the crime, and that the agreement with the victim was not reached until the trial of the party, etc. are disadvantageous to the Defendant.

However, in full view of various sentencing factors in the process of the record and trial, including the Defendant’s age, sex, family environment, motive and background of a crime, means and consequence of a crime, etc., the lower court’s punishment is too unfasible and it cannot be deemed unfair, and thus, the Prosecutor’s improper assertion of sentencing cannot be accepted.

3. 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.

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