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(영문) 대전고등법원 (청주) 2016.07.21 2015노199
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment and four years of suspended sentence) is deemed to be too uneasy and unfair.

2. Determination:

A. Although the Defendant and the person who requested an attachment order (hereinafter “Defendant”) in the part of the instant case committed an indecent act by the victim’s delay and the nature of the offense is not good, and the victim wants to punish the Defendant, the Defendant is the primary offender, and considering favorable circumstances, such as the Defendant’s confession of the facts of the offense and reflects his/her mistake, the lower court’s punishment cannot be deemed unfair even if considering all the circumstances cited by the prosecutor in the grounds of appeal.

B. The part of the lower judgment that dismissed the request for attachment order under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., as long as the prosecutor filed an appeal against the Defendant case regarding the part of the case for which the request for attachment order was filed.

However, there are reasons for reversal even if the prosecutor did not submit any grounds for appeal on this part, and even if ex officio is examined, there are reasons for reversal.

It does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act, and Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal is without merit. It is so decided as per Disposition.

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