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(영문) 서울서부지방법원 2017.04.27 2016노1693
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (1.5 million won in penalty, 40 hours in order to complete the program) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Considering the fact that the Defendant had the same power, the fact that the above power is relatively old, and the extent of an indecent act is relatively minor, the court below’s sentencing conditions such as equity with the same similar case and the Defendant’s age, sexual conduct, intelligence and environment, the background leading to the instant crime, the method and method of the crime, and the circumstances after the commission of the crime, etc., comprehensively taking into account all the circumstances that are the conditions for sentencing, the court below’s sentence cannot be deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s above assertion cannot be accepted.

3. In conclusion, each of the instant appeals by the Defendant and the Prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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