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(영문) 울산지방법원 2017.04.28 2017노32
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, the order to attend a lecture 40 hours, and the order to provide community service 200 hours) is too unfasible.

2. The crime of this case committed by the Defendant is an indecent act by force, such as inducing the victim in the vehicle to sustain the victim, spreading the chest and fluor, and impairing honor by pointing out false facts with which the victim had sexual intercourse with the victim. The Defendant’s crime appears to have caused considerable sexual humiliation and mental pain, etc., which is disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime and reflects his mistake in depth, the fact that the defendant seems to have committed a contingent crime under the influence of alcohol, the fact that the defendant did not want to punish the defendant by agreement with the victim in the trial, and that there is no record of criminal punishment against the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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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