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(영문) 서울남부지방법원 2017.11.24 2016노2651
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (1.5 million won in penalty) imposed by the court below is too unfasible.

2. Taking into account the circumstances asserted by the prosecutor on the grounds of appeal, such as the defendant's two or more identical records of the judgment, the court below's reasons for sentencing (such as the disability of class 3 with intellectual disability that the defendant's parents lack in decentralization, and that the defendant's parents expressed their intent to protect) and all of the sentencing conditions as shown in the records and arguments of this case are judged appropriate and unfair, and thus, the prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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