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(영문) 대전지방법원 2016.12.14 2016노1163
강제추행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant was dissatisfied with the lower judgment on April 29, 2016 and filed an appeal. On May 23, 2016, the Defendant received the notification of the receipt of the appellate case from this court on the receipt of the notification of the receipt of the appellate case. However, the Defendant did not submit the statement of grounds of appeal within 20 days, which is the deadline for submitting the statement of grounds of appeal under Article 361-3(1)

In addition, there is no reason for ex officio investigation on records.

Therefore, the defendant's appeal should be dismissed by decision in accordance with Article 361-4 (1) and Article 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled, the defendant's appeal should be ruled together.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

B. Notwithstanding the victim’s intent to refuse clearly, the nature of the crime is not somewhat weak by repeatedly committing an indecent act.

Until the trial, the fact that the victim did not reach an agreement with the victim is disadvantageous to the defendant.

However, in full view of the following: (a) the fact that the Defendant recognized the Defendant as committing a crime; (b) the Defendant did not have any previous conviction; and (c) the Defendant’s age, character and conduct, environment; (d) background leading to committing a crime; (b) the means and consequence of committing a crime; and (c) various sentencing conditions specified in the instant records and arguments, such as the circumstances after committing a crime, the lower

Therefore, the prosecutor's above assertion is without merit.

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

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