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(영문) 대구지방법원 2017.05.17 2016노5394
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of two million won in penalty) by the lower court is deemed to be too unhutiled and unfair.

2. The degree of indecent act in the instant case’s compulsory act is not so severe; the Defendant agreed upon with the victim, and the victim does not want the punishment of the Defendant; the Defendant does not have any criminal record exceeding the same kind or fine; and the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime are considered in light of all the sentencing conditions stated in the records and arguments of the instant case, such as the Defendant’s age, sex, family relationship, etc., the lower court’s punishment is too uneasible and thus, the prosecutor’s assertion is without merit.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the defendant’s misunderstanding of the defendant’s misunderstanding of the victim’s losses” as “the victim’s misunderstanding of the victim’s losses.”

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