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(영문) 대전지방법원 2015.08.26 2015노914
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won and 40 hours after completing a sexual assault treatment program) declared by the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The fact that the degree of the instant indecent act is not somewhat weak, and that there is no circumstance in which the victim was unable to receive a letter from the victim, and that there was no effort to recover the damage caused by money, is disadvantageous to the Defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, and that the defendant has no record of sex offense is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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

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