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(영문) 울산지방법원 2017.05.12 2017노28
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence (2 million won in penalty and 24 hours in order to complete a sexual assault treatment program) imposed by the court below on the defendant is too uneasible and unfair.

2. The crime of this case committed by the Defendant, who is the principal employee, committed an indecent act by shacking the Defendant’s shoulder with knife and knife one time, and the Defendant’s crime appears to have caused considerable sexual humiliation. In light of the fact that the Defendant’s criminal act appears to have led to the Defendant’s occurrence of considerable sexual humiliation, the Defendant’s liability is somewhat

In full view of the favorable circumstances, such as the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, etc., the sentence imposed by the court below is too uneasible and unfair, and thus, the prosecutor's assertion is without merit, since the defendant's punishment is too uneasible and unfair, in light of the following circumstances: (a) the defendant acknowledges the crime and reflects his mistake; (b) the defendant appears to have committed contingent crimes under the influence of alcohol; (c) the victim does not want the punishment against the defendant; and (d) the defendant does not have any record of criminal punishment, except for the defendant who has been sentenced once as sentenced to a fine for a secondary crime.

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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