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(영문) 울산지방법원 2016.10.27 2016노1029
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and twenty-four hours of order to attend a course) by the court below is too unhued and unreasonable.

2. In light of the content, background, frequency, etc. of each of the instant crimes, the victim complained of considerable mental suffering due to the Defendant’s commission of the crime, and the punishment against the Defendant is disadvantageous to the Defendant.

However, in light of the fact that the defendant's mistake is recognized and against all his/her own mistake, the degree of indecent act committed by the victim, along with the fact that the defendant has no record of force or suspended sentence of execution or more, the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, various conditions of sentencing specified in the proceedings and arguments, and the range of recommended sentences (six months to three years and eight months) according to the sentencing guidelines of the Supreme Court Sentencing Committee: Each crime of indecent act by compulsion (the scope of recommended sentences) in the basic area (six months to two years) of the crime of indecent act by compulsion (the object at the age of thirteen) [the scope of recommended punishment] of the basic area (six months to two years] of the crime of indecent act by compulsion (the object at the age of thirteen), the basic area (six months to two years) of the crime of indecent act by compulsion by compulsion by force (the object at the age of thirteen) [no person who has a special form of punishment] of multiple crimes, the court below's judgment is unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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