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(영문) 울산지방법원 2017.08.18 2017노713
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too uneased and unreasonable.

2. The instant crime committed by the Defendant’s indecent act in the manner that the Defendant committed the instant crime repeatedly three times in the same day, and the Defendant committed the instant crime. The Defendant appears to have caused considerable sexual humiliation, and the Defendant’s crime appears to have reached an agreement with the victim up to the time of the trial, or did not receive a letter from the victim, is disadvantageous to the Defendant.

However, the defendant shows a reflective attitude while recognizing the crime of this case, and the defendant's health status is not good due to the paralysis of a class 1 disabled person, such as the fact that there is no record of punishment for the same kind of crime, and that there is no record of punishment for the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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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