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(영문) 울산지방법원 2016.04.14 2015노1312
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3,00,000 won in penalty, the suspended sentence, the year of observation of protection) is too uneased and unreasonable.

2. In soup, a soup room where the Defendant is densely concentrated, the crime of this case against a minor victim is not weak in terms of the nature of the crime, and the fact that no agreement is reached with the victim is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the first offender; (c) the Defendant suffered from adaptation disorder; (d) the Defendant deposited KRW 3 million for the victim; and (c) the legal representative of the victim paid all the above deposit money; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (e) other circumstances constituting the condition for the instant sentencing as indicated in the process of trial and records, such as the circumstances before and after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s aforementioned 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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