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(영문) 서울동부지방법원 2016.03.24 2015노1350
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below (the suspended sentence of KRW 2,00,000) on the summary of the grounds for appeal is unreasonable because it is too unfasible.

2. In full view of the following circumstances: (a) the Defendant has yet to be a primary offender who had no previous conviction against his/her age; (b) the Defendant reflects his/her mistake; (c) the form of the instant crime was not much weighted; and (d) the Defendant does not want the Defendant’s punishment upon agreement with the victim; and (c) other circumstances that form the conditions for sentencing specified in records and arguments, the sentence imposed by the lower court is appropriate and too unreasonable.

3. According to the 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 (Provided, That since the 13 to 16 acts and subordinate statutes applicable to the judgment of the court below appear to be a clerical error, it shall be corrected to delete it.)

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