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(영문) 울산지방법원 2018.03.23 2017노1654
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (6 million won in penalty, 64 hours in total, 64 hours in total) is too unhued and unreasonable.

2. The instant case is an unfavorable circumstance to the Defendant for the following reasons: (a) the victim’s chest first known to the Defendant was involved in an indecent act on the street; (b) the indecent act was very active; and (c) the victim did not agree with the victim.

However, in full view of the following factors: (a) the Defendant reflects his mistake in depth; (b) the prosecution was carried out in a timely manner; (c) the first offender who has no record of the crime; and (d) the Defendant’s age, sex, family environment; (b) motive and circumstance of the crime; (c) the means and consequence of the crime; and (d) the circumstances before and after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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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