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(영문) 대구지방법원 2016.11.16 2016노2005
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (3 million won of fine, 40 hours of order to complete a program) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case, together with the argument of unfair sentencing by the Defendant and the prosecutor, was committed by indecent act by compulsion of the victim at the private house operated by the Defendant, and the nature of the crime is not less than that of the Defendant, and the Defendant did not agree with the victim, etc. However, although there are circumstances unfavorable to the Defendant, the Defendant acknowledged the facts charged in this case, the Defendant was the first offender without any previous conviction, the Defendant remitted KRW 30,000 to the victim as the repayment of damage, the Defendant remitted the Defendant to the victim, there is no special change of circumstances to change the sentence of the lower court after the pronouncement of the lower judgment, and there is no other change of circumstances to change the Defendant’s age, character and nature, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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