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(영문) 대구지방법원 2016.07.06 2015노2187

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the records of this case, the Defendant (Submission of the Statement of Reasons for Appeal) filed an appeal against the lower judgment on May 19, 2015, and the Defendant did not submit a statement of reasons for appeal within 20 days from the date of receipt of the record of trial on June 12, 2015, even after receiving a notice of receipt of the record of trial on June 12, 2015. The petition of appeal does not state the reasons for appeal, and the lower judgment cannot be found even if examining

Therefore, a decision to dismiss an appeal by a defendant should be made pursuant to Article 361-4(1) of the Criminal Procedure Act, but as long as a decision is rendered on the appeal by a prosecutor against the defendant, a decision to dismiss an appeal shall not be made separately and a decision shall be rendered concurrently.

B. The sentence (3 million won, 40 hours’ completion of the course) ordered by the prosecutor by the lower court is too unfased and unreasonable.

2. It is recognized that the Defendant had a large number of criminal records, committed the instant crime during the period of repeated crimes, and that the Defendant did not agree with the victim, but the degree of the instant indecent act is significant.

Considering the fact that it is difficult to see that the Defendant has no record of criminal punishment for the same crime, and other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unfluent and unreasonable. Therefore, 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 on the grounds that the prosecutor's appeal is without merit, and the defendant did not submit a written reason for appeal. In such a case, the appeal is not unlawful even if it is dismissed by judgment (see Supreme Court Decision 69Do143, May 27, 1969, etc.). The defendant's appeal is also dismissed. It is so decided as per Disposition.