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(영문) 대구지방법원 2015.07.08 2014노4402

성폭력범죄의처벌등에관한특례법위반

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one million won of a fine) imposed by the Prosecutor is too unfluent and unjust.

B. The above sentence imposed by the court below is too unreasonable.

2. As to the assertion of unfair sentencing by the public prosecutor and the defendant, the defendant did not perform his/her duty to submit revised information, etc. even though he/she was punished by a fine due to the failure to submit personal information in 2013, and the defendant is currently currently under suspension of execution. However, there are unfavorable circumstances against the defendant, on the other hand, the defendant is able to faithfully perform his/her duty to submit revised information, etc., the defendant's age is still vague, there is no sentence before the sentence, and there is no sentence before the sentence. Nevertheless, when the sentence is finalized upon the sentence in this case, the defendant must be sentenced until the imprisonment of 2 years and 6 months since the previous sentence is invalidated and the sentence is not imposed until the imprisonment of 2 years and 6 months since it seems that it is too harsh. In full view of other various circumstances shown in the records and arguments such as the defendant's age, character and behavior, and environment, the prosecutor and the defendant's assertion of unfair sentencing is without merit.

3. According to the conclusion, since all appeals filed by the prosecutor and the defendant are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.