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(영문) 대전지방법원 2016.07.20 2016노46
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, observation of protection, 40 hours of lecture order for sexual assault treatment, 80 hours of community service order) is too unfasible and unreasonable.

2. The victim was punished by the defendant because the victim did not agree with the victim, and the crime of this case was committed by the victim who was waiting for a taxi in front of the taxi platform, committed an indecent act against another victim, which is bad in the quality of the crime, and the victim was exposed to considerable fear and mental shock, and the degree of damage is not weak.

However, there are also circumstances that can be taken into account such as the fact that the extent of the type of force used by the defendant due to indecent act is not strong, that the defendant is committed all of the crimes in this case, and that there is no record of punishment for the same crime.

Comprehensively taking account of the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentence and the original court’s punishment, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

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.

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