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(영문) 서울고등법원 2018.05.17 2018노139
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds for appeal (the imprisonment of two years, the suspension of execution of three years, the observation of protection, and the completion of forty hours of sexual assault therapy) shall be too unhued and thus the amount of the punishment is unreasonable.

2. The Defendant also submitted a written reply to the appellate court.

The Defendant committed a serious sexual harassment against a female police officer at the time when the Defendant was frank in the earth before the instant crime was committed.

there is no sufficient evidence to determine the person.

In addition, new data on sentencing have not been submitted in the appellate court.

Therefore, there is no particular change in the sentencing conditions in the appellate court compared to those of the lower court.

Taking into account all the sentencing factors revealed in the public trial of this case, including the defendant's reflectiveness and the victim's non-existence of punishment, the court below's sentence is too weak to exceed the reasonable scope of discretion of the court.

It does not seem that it does not appear.

Therefore, the prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed. It is so decided as per Disposition.

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