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(영문) 대전지방법원 2015.07.01 2015노290

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for four months, suspension of execution for two years, and suspension of sexual assault treatment lectures) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment of the defendant committed an indecent act against the victim who was committed with his family, and committed an indecent act against the husband of the victim who was driven by the defendant after committing an indecent act. In light of the circumstances leading to the crime and the circumstances after the crime, it is not good that the crime is committed, and that the defendant showed the attitude of denying the crime from the investigative agency to the court below, which is disadvantageous to the defendant.

However, the fact that the defendant has received the judgment of the court below for the first time and recognized the facts of crime is recognized, that the defendant has agreed with the victim by paying the agreed amount (five million won), that there is no record of sexual crime against the defendant, that there is no record of criminal punishment other than three times due to the past 10 years, and that there is no record of fine other than three times due to the past 10 years, and that it seems that the social relationship of

In full view of the aforementioned circumstances and other circumstances, including the motive leading to the instant crime, Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the oral arguments, there is no change in circumstances to determine different from the original judgment and the punishment, and the standard for the scope of the recommended sentence and the suspension of execution of the sentencing guidelines for the enactment of the Sentencing Committee, the lower court’s sentence is too uneasible and unreasonable. Thus, the Prosecutor’s allegation

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.