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(영문) 대구지방법원 2016.01.15 2015노4485
강제추행
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (six months of imprisonment and forty hours of an order to attend a course) is too unhued and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. As to each of the unlawful arguments by the judgment prosecutor and the defendant, there are two instances where the defendant was sentenced to a fine due to the crime of coercion by force and the crime of indecent act by force, and two times where the defendant was sentenced to a suspended sentence of imprisonment due to obscene performance. As such, even though many criminal defendants were subjected to a suspended sentence, they again committed the crime of indecent act by force again during the suspended sentence, etc., which are disadvantageous to the defendant, but the defendant committed another crime of indecent act by force again during the suspended sentence. Meanwhile, the defendant recognized the facts charged in this case and responded to his mistake, agreed with the victim, the mental illness of sexual intercourse and impulse with the victim seems to have contributed to the size of the crime in this case. It appears that the defendant made efforts to treat the above mental illness until the crime in this case was committed. The defendant had no criminal record, when the sentence is finalized due to the crime in this case, the defendant should be sentenced to the punishment for which the suspended sentence of the first written judgment was invalidated, and other defendant's age, the defendant's age, sex, etc.

3. According to the conclusion, since both the prosecutor and the defendant's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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