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(영문) 서울중앙지방법원 2017.06.16 2017노1103
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. In other words, the Defendant’s act of misunderstanding facts and misapprehending the legal principles refers to an indecent act by force under the Criminal Act when the Defendant mentioned in the facts charged, such as U.S., South and North Korea.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles as to forced indecent acts.

B. The sentence of the lower court’s unfair sentencing is too minor.

2. Determination

A. Examining the circumstances presented by the lower court on the grounds of innocence and the record as to the mistake of facts and misunderstanding of legal principles, in light of the evidence and the record, the lower court’s judgment was justifiable to have rendered a not-guilty verdict on the facts charged of the instant indecent act according

B. In light of the contents of the lower court’s explanation on the grounds of sentencing and all other conditions of sentencing indicated in the record, it cannot be deemed unfair because the lower court’s sentence against the Defendant is too uneasible and unfair.

3. The appeal by the conclusion prosecutor is dismissed.

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