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(영문) 대구고등법원 2015.01.22 2014노397
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to be poor in the nature of the crime by which the defendant committed indecent act by force against a neighbor who is a neighbor.

Nevertheless, the Defendant does not reflect his mistake and is consistent with the reasoning that is difficult to accept.

The victim is trying to punish the defendant after receiving a huge mental impulse due to the crime of this case.

On the other hand, there are extenuating circumstances, such as the fact that the degree of indecent act in this case and the degree of exercise of force is not much serious; that the Defendant’s health conditions are not good, such as the Defendant’s old age, which is difficult to move and show awareness of the Do, and that the Defendant has no same criminal records.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the scope of the recommended sentence according to the sentencing guidelines and the standards for suspension of execution; and (c) the sentence of the lower court is determined to be within the appropriate range of sentence corresponding to its liability.

Therefore, the prosecutor's assertion that the sentence of the court below is too uneasible and unreasonable is not acceptable.

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

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