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(영문) 대구고등법원 2015.09.17 2015노92
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 (five million won of a fine) is too unhued and unfair.

2. The crime of this case is that the defendant commits an indecent act against a woman who is in collusion with another accomplice during the period of repeated crime with the intent to acquire money and valuables, and the quality of the crime is 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 has no record of punishment for sex crimes, and has seriously reflected his or her mistake.

The crime of this case is in the relation of fraud as stated in the first head of the crime committed in the judgment of the court below, and the relation of concurrent crimes under the latter part of Article 39 of the Criminal Act.

The defendant is currently serving a sentence according to the above final judgment, and the defendant is trying to make efforts to cultivate the skills of automobile sales fees through vocational training conducted in prisons, and shows strong will to repeat them as sound members of society.

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.

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