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(영문) 울산지방법원 2019.01.11 2018노1181
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. Determination as to the facts charged of the instant crime, the circumstances leading up to the instant crime, and the degree of damage, etc., are disadvantageous to the Defendant.

However, the court below's punishment seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair in light of all the sentencing conditions stated in the argument of this case, including the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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