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(영문) 부산지방법원 2018.02.23 2017노4324
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (an 40-hour course in each of 8 months of imprisonment, 2 years of suspended execution, 40-hour course in sexual assault treatment lectures and violent therapy lectures, 120-hours in community service) is too uneasy and unreasonable.

2. The judgment of the defendant repeatedly commits an indecent act against the victim D twice, and assaults the victim F, who calls for such indecent act, with dangerous articles (e.g., iron extinguishinger), and there is no effort from the investigative agency to deny the crime of drilling and to recover damage, and there are circumstances unfavorable to the defendant.

However, the defendant was found to have made a mistake late in the court of original instance, and there is no criminal record exceeding a sex offense or a fine.

It does not seem that the fire extinguisher was directly matched with the victim F, and there is a situation that the victims were assaulted during the process of arresting him as a flagrant offender.

In addition, considering the equity between the punishment of similar cases in various circumstances, such as the defendant's age, sexual conduct, environment, and degree of indecent conduct against victim D, the sentence of the court below is too uneasible and unfair.

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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