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(영문) 대전지방법원 2018.01.10 2017노1837
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 (7 million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The crime of this case committed by the Defendant at night is an indecent act committed by the following female her mar who is mixed with her female at night. The crime of this case is not good in light of the details of the crime and the method of the crime, and there is a record of being punished once for the same kind of crime.

However, the fact that the defendant recognizes the crime of this case and reflects it, and that the degree of prosecution is not much serious is favorable.

In addition, comprehensively taking account of the fact that there are no special changes in the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too uneasible 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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