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(영문) 대구지방법원 2014.10.16 2014노2759

준강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won and forty hours after completion of a sexual assault treatment program) declared by the court below is too uneasible and unreasonable.

2. The crime of this case, such as the victim, was committed by the Defendant with four alcohol, and the victim was frightened due to a cresh in the sobane, thereby committing an indecent act by inserting the victim’s creshes by using the creshes, and the crime of this case is not less severe. The crime of this case appears to have been frightd by the victim due to the crime of this case, but did not agree with the victim.

However, the defendant is the first offender and is against the mistake of the crime.

After the case, the defendant tried to communicate with the victim for the agreement and the recovery of damage, but did not contact with the victim, and the victim's personal information was not known, and the damage recovery was not achieved due to the lack of contact with the victim, the defendant is going to enter the military as a student in the university of temporary absence, and the father of the defendant is leading the defendant while wanting to take the action against the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.