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(영문) 대전지방법원 2020.04.08 2019노1333
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too poor in light of the substance of the instant crime, and considering the victim’s mental impulse, etc. resulting therefrom, the sentence of the lower court (a fine of three million won) is deemed to be too unreasonable.

2. We examine the judgment, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in determining the punishment at the court below. This is why the defendant, who led to the instant crime, made the confession of the instant crime, reflects the mistake in depth, without any criminal records of the same kind, and seems to have led to the instant crime by contingently taking into account the various sentencing factors revealed in the process of the instant pleading, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too narrow.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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