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(영문) 대구고등법원 2016.05.03 2015노495
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The instant crime committed by the Defendant, while under the influence of alcohol, committed an indecent act by force against a female juvenile who is a female juvenile with the age of 15 and arrested him/her as a current offender, and thus, it is not good to commit the instant crime by damaging public goods used by the police station.

The victim seems to have suffered a considerable mental impulse.

Nevertheless, the defendant did not make efforts to avoid the victim and did not take measures to compensate for the crime of damaging public goods.

Defendant has been sentenced to a fine on several occasions due to violent crimes.

On the other hand, the degree of criminal conduct that the defendant used for the victim is relatively relatively less and all of the crimes are committed, and it is against the wrongness.

The defendant's health is not good as a national meritorious person who has been recognized as suffering from defoliants in Vietnam.

The defendant is not guilty of sexual assault and of a fine.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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 appeal is without merit. It is so decided as per Disposition.

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