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(영문) 서울북부지방법원 2015.11.12 2015노1017
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the court below against the defendant (two years of suspended execution for six months of imprisonment, forty hours of sexual assault treatment lectures, and eight hours of community service orders) is too uneasy and unreasonable.

2. Although the defendant committed each of the crimes of this case at the time and place stated in the judgment of the court below, when the victim D (or 35 years of age) was sentenced to punishment or heavier punishment due to the same crime as the crime of this case in 193 and 204, the victim E (or 47 years of age), who was the husband of the witness D, forced the above victim to commit the crime of this case by her own fault, committed the crime of this case, and the victim E (or 47 years of age), who was the husband of the witness D, committed the crime of this case at one time. The crime of this case was committed in drinking, and the crime of this case was not committed by the victim due to the victim's agreement with the victim. However, the defendant did not receive a bill from the victims due to the nature of each of the crimes of this case. The defendant's mistake was all recognized, and the defendant was not subject to punishment or punishment heavier punishment due to the same crime of this case, and the defendant did not appear to have committed any contingent crime of this case. The defendant's age and circumstances before and after the crime of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, Article 16(2) and (4) of the Act on the Punishment, etc. of Sexual Crimes shall apply to the court below’s application of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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