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(영문) 대구지방법원 2017.09.13 2017노2228
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment (3 million won in penalty, and 40 hours in sexual assault treatment programs) declared by the court below is too uneased and unfair.

2. The crime of this case is deemed to have been committed by the same victim on two occasions, but it is deemed that the crime of this case is not committed by the same victim. Meanwhile, the defendant recognized all of the crime of this case, there is no record of punishment other than a fine due to driving under drinking, the defendant does not want the punishment of the defendant by agreement with the victim, and the degree of indecent act of this case is particularly important in itself.

It is difficult to see the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime. Considering all the sentencing conditions as indicated in the records and the theory of changes, the lower court’s punishment is too uneasible and unreasonable. Thus, the 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, and it is so decided as per Disposition.

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