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(영문) 대구지방법원 2020.05.29 2020노962
준강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant (two years of imprisonment, orders to complete sexual assault treatment programs, orders to disclose or notify, and orders to restrict employment) is too unreasonable.

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

2. We examine the judgment of the court below. The court below held that there was no special sentence to the court below after considering the following: (a) the defendant committed the crime of this case against female victims during the repeated crime period after the execution of the above imprisonment with prison labor in 2012 was completed; (b) the defendant committed the crime of this case against the victim who is a female victim again during the repeated crime period; (c) the circumstance that the crime of this case was extremely bad in quality; (d) the victim did not receive a license from B (name) with more severe damage than the victim; and (e) the circumstances favorable to the defendant [in 206, the defendant had been punished for five years due to the violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Special Robbery, Rape, etc.) and special robbery; and (e) the victim C and the above victim did not want the punishment of the defendant] as a whole.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and it is deemed that the sentence imposed by the defendant is too heavy or too unreasonable. Thus, the defendant and prosecutor's assertion are without merit.

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is groundless, and Article 364 of the Criminal Procedure Act is not reasonable.

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