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(영문) 서울북부지방법원 2016.07.07 2016노786
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won suspension of sentence) on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In light of the fact that the victim had suffered a significant mental impulse due to the Defendant’s instant crime, strict punishment against the Defendant is necessary.

However, in full view of the fact that the Defendant was committed in the instant case and divided, that there was no record of criminal punishment, and that there was no record of criminal punishment with the victim, and that there was any other circumstances of all the sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, means and consequence, circumstances after the crime, etc., the lower court’s sentencing is too unafford and unreasonable.

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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