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(영문) 대구지방법원 2017.11.03 2017노3851

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of 10 months of imprisonment, 40 hours of order to complete a program, confiscation) declared by the court below is too unfased and unreasonable.

2. In light of the method and content of each of the crimes of this case, the liability for the crime of this case is not easy, the defendant committed each of the crimes of this case during the repeated crime due to intrusion upon residence at night, and the victim did not agree with the victim. However, although the defendant acknowledged all of the facts charged of this case and reflects his mistake, the crime of indecent act of this case seems to have been committed by the defendant under the influence of alcohol, the number of pictures taken by the defendant are not distributed only once, and all of the sentencing conditions specified in the records and arguments, such as the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., are not acknowledged to be unfair because the punishment of the court below is too unreasonable. Thus, the prosecutor's assertion 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.