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(영문) 서울북부지방법원 2016.12.22 2016노1955
준강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of suspended execution for one year of imprisonment, and forty hours of sexual assault treatment lectures) is deemed to be too uneasible and unfair.

2. Considering the fact that each of the crimes of this case committed by the defendant in the judgment on the grounds of appeal in light of the fact that each of the crimes of this case committed by the victim E was committed by indecent act by compulsion, taking the image of the motion picture into consideration the fact that the video was transmitted to the cell phone of the victim G, who is the father of the above victim, and that the victims suffered considerable mental impulse and pain, strict punishment against the defendant is needed.

However, in full view of the following facts: (a) the Defendant was aware of each of the instant offenses; (b) agreed with the victims; (c) there was no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; (b) the means and consequence of the offense; and (c) all the sentencing circumstances indicated in the records and arguments, such as the circumstances after the commission of the offense, the sentencing of the lower court

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

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