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(영문) 울산지방법원 2017.04.21 2016노2252
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s appeal-based summary of the reasoning of the appeal is unreasonable because the sentence (the punishment amounting to three million won, and the completion of a sexual assault treatment program for twenty-four hours) declared by the lower court is too uneasible.

2. In light of the fact that the victim’s psychological impulse and wife were not significant due to the instant crime, the Defendant’s liability is not somewhat weak.

On the other hand, in the case where the defendant's act of assault is close to the indecent act, the physical exercise of physical force or the degree of indecent act is heavy.

In full view of the following facts: (a) it is difficult to see that the Defendant committed a crime; (b) it reflects the Defendant’s mistake in depth while committing a crime; and (c) there are favorable circumstances for the Defendant, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) other various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment appears to be within reasonable and appropriate scope; and (b) it

Therefore, prosecutor's assertion is without merit.

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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