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(영문) 광주고등법원 2013.07.11 2013노140
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds for appeal (a fine of five million won) is too unhued and unreasonable.

2. In full view of all the circumstances indicated in the arguments of this case, including the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s above assertion is without merit, given that the Defendant’s confession and mistake are against the Defendant, the Defendant committed the crime of this case in a contingent manner, the Defendant’s wife is considered to have committed the crime of this case, and the Defendant’s wife is considered to have no criminal records; the Defendant’s age, character and conduct and environment; the motive, means and consequence of the crime; and the circumstances after the crime.

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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