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(영문) 서울서부지방법원 2018.02.01 2017노1498
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Although the Defendant did not receive a letter of intent from the victim, the crime of this case was committed in the course of calculating the amount of the victim's grandchildren, which is minor in that the Defendant committed an indecent act; the Defendant did not have any particular criminal record other than the punishment of a fine once due to the offense of insult; the Defendant commits a crime against the wrong fact; the Defendant made efforts to recover the victim's damage, such as the victim's death and attempted to deposit with the victim; and the Defendant's age, sexual behavior, environment, etc. and various sentencing conditions as shown in the arguments are considered to have exceeded the reasonable scope of discretion, and thus, it is difficult to view that the sentence imposed by the lower court is unfair as it goes beyond the reasonable scope of discretion.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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