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(영문) 대구지방법원 2018.01.12 2017노3998
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an order to attend a course of three million won or more, or an order to attend a sexual assault treatment lecture of 40 hours) by the court below is too unfased and unreasonable.

2. The defendant's liability for the crime of this case is minor in light of the substance of the crime of this case

It is not possible to do so, and the victim wanted to punish the defendant's severe punishment, but the defendant is recognized as the facts charged in this case and reflects his mistake, there is no record of punishment exceeding the fine, and the degree of indecent act in this case is significant.

Considering the fact that it is difficult to see the Defendant’s age, sexual conduct, environment, and circumstances after the crime, various sentencing conditions as indicated in the records and the theory of changes, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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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