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(영문) 대구고등법원 2015.12.03 2015노92 (1)

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The crime of this case is an indecent act against a woman who commits an indecent act in collusion with another accomplice with the intent to acquire money, and the crime of this case is not less than that of the crime in light of the method and content of the crime.

The victim seems to have suffered a lot of mental impulses due to the crime of this case.

On the other hand, the Defendant had no record of criminal punishment prior to the instant crime.

When the Defendant, while entering a job in an economic difficult situation, received a proposal from another accomplice who planned to commit a crime, he/she shall consent to it and follow the instructions, and the degree of participation in the crime is relatively relatively minor.

The defendant shows the attitude to recognize the mistake in the confession of the crime from the investigative agency.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

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