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(영문) 대구지방법원 2015.11.19 2015노587
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is deemed to be too unhued and unreasonable.

2. In light of the degree of indecent act committed in the instant crime, it is recognized that there is a need to punish the Defendant with strict punishment because the victim was physically shocked due to the instant crime, even though the victim was physically shocked due to the instant crime.

However, the defendant is the first offender, and the mistake of the crime of this case is in depth and reflects it.

In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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

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