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(영문) 울산지방법원 2019.02.01 2018노1166
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The following facts are that the Defendant had been subject to punishment several times due to violent crimes, etc., and in particular, on June 15, 2017, the Ulsan District Court sentenced two years of suspended execution to imprisonment with labor for the crime of interference with business, etc., and committed each of the instant crimes during the suspended execution period, etc., is disadvantageous to the Defendant.

On the other hand, the court below's punishment seems to be reasonable and appropriate, in full view of all the sentencing conditions stated in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, and the degree of indecent act and injury is relatively minor, and the victims do not want punishment against the defendant at the investigation stage, and the defendant is in profoundly against the defendant's mistake while committing the crime. In addition, the court below's punishment cannot be deemed to be unfair because it appears to be reasonable and appropriate.

Therefore, prosecutor's assertion is without merit.

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

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