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(영문) 광주지방법원 2016.10.26 2016노1360
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) declared by the court below is too uneasible and unreasonable.

2. The judgment is an unfavorable circumstance, where the Defendant agreed with the victim or did not take any particular measures to recover damage, etc., up to the time of the trial.

On the other hand, the degree of indecent act in this case is relatively minor, and the defendant is the first offender who has no previous conviction due to old age (75 years old).

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since 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 ground that it is without merit. It is so decided as per Disposition.

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