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(영문) 대구지방법원 2014.11.20 2014노1798
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, 16 hours of completion of sexual assault treatment programs, 80 hours of community service) declared by the court below is too uneased and unreasonable.

2. On November 18, 2010, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the Daegu District Court Kimcheon Branch on the following grounds: (a) the Defendant had been punished several times for violent crimes; and (b) the Defendant committed the instant crime during the suspended sentence period.

However, the defendant has no record of being punished for sex crimes, and recognized the mistake of the crime of this case and is against his depth.

The defendant shall pay 7.35 million won to the victim, and the victim does not want to punish the defendant any longer.

There is also a circumstance that the defendant supports the mother who suffers from dementia.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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