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(영문) 대구지방법원 2015.11.26 2015노397

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended sentence, 20 hours of an order to attend a sexual assault therapy, 60 hours of an order to provide community service) of the lower court is too uneasible and unreasonable.

2. The judgment defendant committed each of the instant crimes even though he/she had a record of criminal punishment on several occasions, including punishment for violent crimes.

It is recognized that the victims of this case are many and there is no agreement with the victims up to the trial.

However, the Defendant’s violation of each of the crimes in this case does not commit a second offense, and the degree of indecent act and assault in this case, and the degree of injury suffered by the victim is relatively much serious.

After the defendant has been sentenced to the previous 20 years' imprisonment, there is no criminal records of suspended execution or more.

In addition, examining the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the records and arguments of this case, the sentence of the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.