logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.11 2016노475
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too uneased and unreasonable.

2. Although there was no agreement with the victim, it appears that the defendant was well aware of practical problem processing because the defendant's ability to judge as the disabled of class 2 with mental retardation disorder, the ability to deal with the situation, and expressed ability as the disabled of class 2 with mental retardation has been deteriorated. However, the defendant's disability seems to be the main cause of the crime of this case and some incorrect statements that were in the investigation process thereafter, ② the degree of indecent act of this case is not a serious letter, ② the defendant was immediately subject to the victim's claim at the time, ③ his mistake was recognized and against himself, ③ In particular, the defendant's leading intention is strong, ④ the primary offender with no criminal history, ⑤ The sentencing of the court below does not seem to be excessively minor beyond the scope of reasonable discretion.

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.

arrow