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(영문) 대전지방법원 2015.07.01 2015노271

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, probation, and sexual assault therapy for 40 hours) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. The fact that the judgment of the accused was 4 times a suspended sentence, 8 times a fine, and that there was an indecent act against the victim who is vulnerable to the crime in the employment relationship with the accused, and that the crime is not good, is disadvantageous to the accused.

However, it is the circumstances favorable to the defendant that the defendant led to the crime of this case, that the defendant agreed with the victim, that there is no record of sex offense against the defendant, and that the exercise of force in the indecent act by force was somewhat weak.

In full view of the above circumstances and other circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the instant crime, the 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 the sentence differently from the original judgment, and the scope of the sentencing guidelines for the enactment of the Sentencing Commission and the criteria for the suspension of execution, the lower judgment’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.