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(영문) 창원지방법원 2017.07.20 2017노1062
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (five million won in punishment, and forty hours in completion of sexual assault treatment programs) is deemed to be too uneasy and unfair.

2. The judgment is based on the following facts: (a) the Defendant led to the confession of a crime, and the Defendant is against the Defendant; (b) the Defendant has no record of criminal punishment except for those suspended execution due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 1989; (c) the degree of prosecution is not much significant; and (d) the Defendant is an unfavorable reason for sentencing.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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