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(영문) 대전지방법원 2014.12.03 2014노2098
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 3 million won and an order to attend a course) that the court below rendered against the defendant is unreasonable, because it is too unfasible.

2. The crime of this case, which was committed on board, is an indecent act by inducing the victim first to the stairs of the nearby singinginging room, and the crime is not good, and the crime is committed by assaulting the victim who wants to flee, and the victim seems to have received considerable mental impulse at the time of this case, and the fact that the victim did not reach an agreement with the victim is disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects the crime of this case and that the defendant deposited a certain amount of money, etc. The assault of this case is favorable to the defendant, such as the fact that the defendant has made efforts to recover from the victim's damage, that the defendant's head was friendly once by the floor of the victim, that the degree is minor, that the victim stated to the effect that the punishment intent for the defendant was mitigated in the court below, that the defendant has no criminal records other than the minor penalty power of one fine in 1989.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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