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(영문) 광주지방법원 2016.09.28 2016노551
강제추행미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, observation of protection, and 40 hours of attendance order for sexual assault treatment for six months) is too unhued and unreasonable.

2. Although it appears that the psychological impulses of the victims were not significant due to the instant crime, the Defendant did not recover damage or receive a letter from the victims.

On the other hand, the defendant recognized his mistake and is in profoundly against himself.

There is no criminal conviction for sex crimes against the defendant.

The defendant is receiving medical treatment due to mental diseases, such as the damage, patriarche, and dynamic behavior, and such mental disease seems to have affected the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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