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(영문) 대전지방법원 2015.07.29 2015노1014
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended sentence, community service, 40 hours of sexual assault treatment, and 40 hours of attendance in sexual assault treatment) of the court below against the defendant is too uneasible and unfair.

2. The judgment has a record of punishment once as a sexual crime, one time a suspended sentence for a sexual crime, five times a fine, no effort is found to recover damage, and the victim is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that the degree of violence does not seem to be serious, and that the defendant has no record of being sentenced to punishment is favorable to the defendant.

Considering the above circumstances and motive leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment and occupation, there is no change in circumstances to determine the punishment differently from the original judgment, and the first crime (sex crime) within the scope of the recommended sentences of the sentencing guidelines for the enactment of the Sentencing Commission (the scope of recommending punishment) shall be the general standard of the crime of indecent act by force (the subject of 13 years or older), the basic area (6 months or more to 2 years), [the scope of recommending punishment] of the second crime (the non-special person] [the scope of recommending punishment] of the basic area [the scope of violence] [the scope of punishment] of the basic area [the number of persons who have no special person] [the number of persons who have been sentenced for two months or more from 2 months to 10 months] of imprisonment: the final sentence scope of imprisonment with prison labor to 6 months or 25 years and suspended execution standards, the prosecutor's assertion of unfair sentencing is not acceptable.

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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