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(영문) 대전고등법원 2014.11.14 2014노387

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal and the sentencing of the lower court on the accused and the person subject to a request for an attachment order and the person subject to a request for a probation order (hereinafter “defendants”) (three years of suspended execution in two years and six months of imprisonment, three years of probation, and 80 hours of an order to attend a course) is deemed too uneasible and unreasonable.

2. In light of the fact that the Defendant committed the crime of indecent act by compulsion against the aged victim and the nature and circumstances of the crime are not good in light of the content of the crime, and the Defendant had the record of having been sentenced to a fine by engaging in sexual traffic with the minor and sexual traffic, the prosecutor’s assertion that it is necessary to punish the Defendant strictly is reasonable.

However, in light of the fact that the Defendant confessions the instant crime and reflects on the victim’s intention that the victim does not want the Defendant’s punishment, and that the Defendant has an opportunity to reflect in the situation where the Defendant was detained for a certain period of time in the lower court as the instant case, the lower court’s sentencing is difficult to be deemed to be unreasonable as it is too uneasible enough

When a prosecutor has lodged an appeal against a prosecuted case, it is deemed that an appeal has been filed regarding an attachment order case and a probation order case pursuant to Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, inasmuch as the prosecutor’s appellate brief or a petition of appeal does not state the grounds for appeal or the grounds for appeal directly pertaining thereto, and the judgment of the court below is maintained, this part of the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.