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(영문) 창원지방법원 2017.09.28 2017노1862
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the completion of a sexual assault treatment program with 2.5 million won and 40 hours in amount) is deemed to be too uneasible and unfair.

2. Although there are grounds for unfavorable sentencing, such as the fact that the degree of punishment and the degree of conduct in the court below's decision is not somewhat minor, the defendant led to the confession of the crime, and agreed with the victim within a short time after the crime. Although the victim reversed his/her intent of agreement, the victim did not appear to have any such circumstances as the victim's additional damage after his/her consent was given, and the defendant's age, family relation, economic situation, circumstances leading to the crime and motive, and all other matters pertaining to the sentencing stated in the records and changes theory of this case, the prosecutor's assertion is without merit, since the punishment of the court below is judged to be appropriate, and there is no change in circumstances to be considered in the trial of this case.

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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