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(영문) 대전지방법원 2018.06.15 2018노443
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (a sentence of six months of imprisonment, a suspended sentence of two years, and an order to attend sexual assault treatment programs for forty hours) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing, such as the fact that damage has not been recovered, the first offender, the fact that the first offender is in opposition, the fact that it appears to have been endeavored to reach an agreement, the form and degree of conduct in the future, etc., and there is no other circumstance to be newly considered in the trial of the lower court. In full view of the various circumstances, such as the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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

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