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(영문) 서울중앙지방법원 2017.06.15 2017노1166
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the summary of the grounds for appeal is too minor.

2. The fact that the judgment is a crime that uses the relation and situation between the driving instructor and the teaching trainee, the repeated crime is committed, the defendant does not have any effort to recover from damage, and the defendant lacks reflectivity against the defendant is an unfavorable condition against the defendant.

However, without focusing on the degree of criminal conduct, the fact that the Defendant had no criminal record at the time of the instant crime is considered as favorable to the Defendant, and in full view of all the sentencing conditions in the instant records, such as the Defendant’s age, sexual conduct, and circumstances before and after the instant crime, it does not seem that the sentence imposed by the lower court is too uneasible and so unreasonable to the extent that the reversal cannot be exempted.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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