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(영문) 부산지방법원 2017.08.18 2017노1236
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of eight months, a stay of execution of two years, a period of forty hours of sexual assault treatment lectures, and community service hours of 80 hours) is too uneasy and unreasonable.

2. Although the Defendant’s fault repeatedly commits an indecent act against female students in a dormitory managed by the Defendant, the lower court’s punishment is too uneasible and unreasonable if it is considered that the Defendant’s error is recognized by the investigative agency, reflects the Defendant’s original agreement, and smoothly agreed with the victim, the Defendant did not have any particular criminal record in addition to one kind of fine, and the Defendant’s withdrawal from the office by being subject to the internal disciplinary action in this case, etc., along with the punishment equity with the same and similar cases similar to the sentencing conditions.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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