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(영문) 수원지방법원 2017.07.06 2016노8867
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) that the defendant did not reflect the wrongs and that he did not compensate for damage, the court below’s sentence that sentenced the order to provide community service for 2 years of suspended execution, 160 hours and the order to attend a lecture for treatment of sexual assault for 40 hours is too uneasible and unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, even if the court below’s punishment is too unfasible and unfair, considering the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime, the fact that the Defendant was found guilty and reflects the fact that there was no record of criminal punishment for the same kind of crime, and all the conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the

3. The appeal by the prosecutor of the conclusion 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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