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(영문) 대구지방법원 2017.08.16 2017노1814
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered (3 million won in penalty, 40 hours in total, 300,000 won in total, and 40 hours in total) is too unhued and unreasonable.

2. It is deemed that the nature of the instant crime is not good in light of the method of the instant crime, the place of the crime, the object of the indecent act, etc.; the Defendant denies the facts charged up to the trial; and the victim is deemed to have the intent to punish the Defendant; however, the degree of indecent act in the instant case is particularly serious.

In light of the fact that it is difficult to see the Defendant’s criminal records that exceed the same kind of fine or fine, the lower court sentenced the highest sentence among the fines for the instant case, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible 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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