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(영문) 대구지방법원 2016.06.15 2015노4179

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2 million won in penalty, 40 hours in order to complete a program) by the lower court is too unfluent and unreasonable.

2. The Defendant’s crime of this case was committed by indecent act by compulsion by force on the street, but the nature of the crime is not less severe than that of the Defendant’s act of indecent act by force. However, the Defendant recognized the facts charged of this case, the degree of indecent act in this case is not excessive, the Defendant did not have any criminal record, the Defendant was the first offender without criminal record, the Defendant agreed with the victim, and the victim’s father wanted the Defendant’s wife. In addition, considering various sentencing conditions in the records and arguments of this case, such as the Defendant’s age, sexual behavior, environment, etc., the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.