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(영문) 대구지방법원 2014.12.30 2014노2321

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1.5 million won of a fine and 40 hours of completion of a sexual assault treatment program) declared by the court below is too unfluent and unreasonable.

2. The judgment of the Defendant was issued a disposition of suspension of indictment for the same kind of crime, and the crime of this case is not easy because the Defendant committed an indecent act on the same victim over three occasions in a way that the Defendant gets off the bus and gets off the bridge by hand.

However, the defendant is still young and has no record of criminal punishment as 23 years of age, and the defendant has not committed a second offense against the mistake of crime.

Since the indecent act is all committed on a bus, the victim's knee part of the bridge is knee in a pure manner, the degree or content of indecent act is not much severe.

Although the defendant is unable to lead a normal social life due to intellectual disability 3rd level, he is faithfully in laundry factory, company fees and figures want to leave the defendant, and the mother of the defendant shows strong guidance to the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.