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(영문) 대전지방법원 2017.11.29 2017노1838
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment, and forty hours of attendance order for sexual assault treatment lectures) is too uneased and unreasonable.

2. The fact that the judgment defendant committed the instant crime while being tried for the same kind of crime, and the fact that the defendant did not agree with the victim is disadvantageous.

However, it is relatively significant that the defendant recognized the crime of this case and against the defendant, and the degree of prosecution is relatively significant.

It is difficult to see, and there is no particular criminal record, etc. in favor of others.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's 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 appeal is without merit. It is so decided as per Disposition.

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