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(영문) 울산지방법원 2016.10.28 2016노847
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of fine, forty hours of order to complete a program) is too unhued and unreasonable.

2. The Defendant’s crime of this case appears to have caused a considerable mental shock and sexual humiliation. Nevertheless, the Defendant did not agree with the victim, despite the fact that it appears that he did not endeavor to recover damage, etc., was unfavorable to the Defendant, or that the Defendant recognized the instant crime, and there was no criminal record other than the fine of KRW 100,000,00 as a result of the Defendant’s violation of the Establishment of Homeland Reserve Forces Act in 1987. The instant crime was not an indecent act in addition to the indecent act, but was not an indecent act; the degree of indecent act against the victim was relatively excessive; the Defendant did not have any circumstances or changes in circumstances that may be newly considered in the sentencing after the judgment of the court below was rendered; the Defendant’s age, character, environment, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc. were committed, and there is no reason for the prosecutor’s assertion that the aforementioned punishment is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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