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(영문) 대전고등법원 (청주) 2016.11.17 2016노131

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) on the part of the defendant's case is deemed to be too unhued and unreasonable.

B. The court below's dismissal of each request for an attachment order and a probation order against the defendant and the person to whom the attachment order was requested (the person to whom the probation order was requested in a preliminary manner; hereinafter referred to as "defendants") for the attachment order, despite the risk of recidivism, is unfair.

2. Determination:

A. In light of the circumstances cited by the prosecutor in the grounds of appeal, the lower court’s punishment is unreasonable even in light of all the circumstances cited in the grounds of appeal, including the Defendant’s age, character and conduct, environment, health conditions, circumstances, and circumstances after the commission of the crime, etc., given that there was a large number of criminal offenses against the Defendant, and even if there was a record of punishment of fine due to the crime of indecent act by compulsion, the Defendant again committed the crime of this case, considering the fact that the Defendant led to the confession of the crime and reflects his mistake, and that the degree of indecent act is minor.

B. The lower court dismissed each request for an attachment order or a probation order under Article 9(4)4 or 21-8 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders on the ground that the Defendant was sentenced to a suspended sentence. As seen above, the lower court’s dismissal of the Defendant’s request for an attachment order or probation order under Article 9(4)4 or 21-8 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, as long as the Defendant’s suspended sentence is justifiable, is also justifiable.

3. The prosecutor's ground of appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.