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(영문) 대구지방법원 2017.08.23 2017노1597

강제추행미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of two million won in penalty) by the lower court is deemed to be too unhutiled and unfair.

2. Although the Defendant did not agree with the victim, it is recognized that the Defendant recognized the facts charged and reflects his mistake. Meanwhile, the Defendant committed the instant crime with the age of 87, and the Defendant was the first offender who did not have any criminal records, and considering all the sentencing conditions in the records and arguments of the instant case, such as character, conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable. Thus, 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, and it is so decided as per Disposition.