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(영문) 광주고등법원 (전주) 2017.05.23 2017노2
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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 and six months of imprisonment, three years of suspended execution, and forty hours of an order to attend a sexual assault treatment lecture) is too unhued and unreasonable.

2. The lower court, based on the circumstances favorable to the Defendant, sentenced the Defendant to a suspended sentence of three years and six months of imprisonment and an order to attend a sexual assault treatment lecture 40 hours in two years and six months of imprisonment, taking into account the following: (a) the Defendant did not seem to have consistently expressed an attitude against the Defendant as a vindication and did not reach an agreement with the victim; (b) the degree of indecent act in this case is relatively minor; and (c) the Defendant was the first offender and is 80

In full view of the above sentencing conditions and the defendant's above sentencing conditions and the defendant committed the crime of this case against the appellate court and agreed with the legal representative of the victim and the victim, and other sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., the sentencing of the court below is too unjustifiable and unfair.

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

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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