beta
(영문) 대전지방법원 2017.08.23 2017노698

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance, such as the fact that the nature of the instant crime is not good in light of its content and method, and the fact that it is not good to the circumstances after the crime, such as sending intimidation letters after the crime.

However, there are favorable circumstances such as the fact that the defendant's late, late and reflects the defendant's mistake, that the injured person does not want the punishment of the defendant, that is the first offender, that is the university student who has yet to age.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the sentence of the lower court, the lower court’s punishment is too unaffortable and unreasonable.

Therefore, 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 appeal is without merit. It is so decided as per Disposition.