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(영문) 대구지방법원 2017.08.16 2017노1756
강제추행
Text

The Prosecutor’s appeal is dismissed,

Reasons

1. The summary of the grounds for appeal is that the sentence (five million won in penalty, and forty-hour program of sexual assault treatment) imposed by the court below on the defendant is too uneasible and unfair.

2. In light of the method of the crime of this case, it is deemed that the crime is bad in light of the method of the crime of this case, the defendant did not receive the victim's statement, and the victim's punishment is still desired, but it is recognized that the defendant confessions and reflects the crime of this case, the defendant is the first offender who has no record of punishment, and the defendant seems to have been making efforts to prevent recidivism, such as receiving mental treatment after this case, etc. In addition, considering all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex behavior, environment, family relationship, etc., it is not recognized that the court below's punishment is too unjustifiable and unfair, and thus the prosecutor's assertion is without merit.

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

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