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(영문) 대구지방법원 2013.05.23 2013노66

준강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of completion of sexual assault treatment programs) declared by the court below is too unfasible and unreasonable.

2. The Defendant was sentenced to a fine for the crime of quasi-indecent act in 2008, and was detained in 2009, but the complainant was indicted, but the complainant was dismissed from the prosecution due to cancellation of the complaint.

The Act on the Acceptance of Crimes of this case also commits an indecent act against the victim, who was taken soup in the same manner as the previous crime, and thus, the nature of the crime is not weak.

However, the defendant did not have any criminal record more than a suspended sentence, and reflects the crime of this case, and repents of the mistake.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.