(영문) 대구고등법원 2019.03.14 2018노496



The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (a year of imprisonment with prison labor, two years of suspended execution, 40 hours of education) declared by the court below is too unfased and unreasonable.

2. The crime of this case is determined by the following facts: (a) the victim’s chest was committed by indecent act by force by force by using the victim’s chest on the way of the defendant; (b) the victim suffered mental loss in light of the victim’s age (13 years of age) and the process of the crime, and the nature and circumstance of the crime cannot be deemed rice.

However, the type of the Defendant’s act in the instant crime was not strong.

All of the crimes of this case are recognized by the defendant, and the defendant reflects his mistake, and the defendant does not have any criminal record beyond the same criminal record or fine.

In addition, as the defendant did not repeat the crime, he is receiving medical treatment for alcohol dependence.

In addition, considering the various circumstances revealed in the records and arguments, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too unreasonable.

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