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(영문) 대구지방법원 2016.07.13 2015노4843
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2.5 million won in penalty, 40 hours in order to complete a program) by the lower court is too unfluent and unreasonable.

2. The judgment of the Defendant was not made available to the injured party, and there were unfavorable circumstances to the Defendant, such as the nature of the crime when considering the circumstances of the crime, etc., but, on the other hand, the Defendant recognized the facts charged in this case and reflects it, the Defendant did not have any previous conviction exceeding the same kind or fine, and the degree of indecent act in this case is significant.

In light of the fact that it is difficult to see the Defendant’s age, gender, environment, etc., and all the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is too unfluent and unreasonable, and 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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