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(영문) 대전지방법원 2017.07.19 2016노3755

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won of punishment, and orders to complete sexual assault treatment programs for 16 hours of punishment) is too uneased and unreasonable.

2. The crime of this case committed by the Defendant was committed on the side of the express bus and indecent act by the victim’s buckbucks, and the victim merely 19 years old seems to have caused considerable mental shock and sexual humiliation, and the Defendant was unable to agree with the victim, and there was a history of punishment for several times of fines due to the crime of this kind, which is disadvantageous to the Defendant.

However, there are circumstances that can be considered, such as the fact that the Defendant recognized the crime of this case, the degree of indecent act of this case is relatively heavy, and there is no criminal conviction of the Defendant, the fact that the family members and branch members of the Defendant want to have a preference against the Defendant, and the social relation seems clear, and the fact that the health of the Defendant is not good and the economic difficulty is difficult.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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