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(영문) 대구지방법원 2014.06.19 2014노1348

강제추행

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment and forty hours of completion of a sexual assault treatment program) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The offense is heavy by inducing the defendant to the house of the defendant in the same apartment by bringing food to the victim, etc., and committing an indecent act on several occasions.

In this case, the victim's attempt to commit suicide and suffers from serious depression to the extent that hospitalization is necessary, and the degree of damage is also serious.

However, the defendant is the first offender, and the defendant is recognized as being wrong in the trial, and is against the law.

The defendant has made efforts to pay a considerable amount of money to the victim and to reach an agreement, and the health of the defendant is not good, such as suffering from brain-disease disorders.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc. and all the sentencing conditions shown in the pleadings, the sentence imposed by the lower court cannot be deemed to be adequate, too weak, or unreasonable.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.