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(영문) 대구지방법원 2016.12.14 2016노2378
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The suspended sentence of a fine of KRW 2 million imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor together with regard to each of the allegation of unfair sentencing, it is difficult to see that the Defendant recognized the facts charged in the instant case and reflects the Defendant’s mistake in depth, the extent of the indecent act in the instant case is significant, the Defendant agreed upon with the victim, the Defendant’s primary offender who did not have any previous criminal record, and the lower court appears to have rendered the most favorable sentence called suspended sentence, taking full account of the favorable circumstances for the Defendant, and there is no special change in circumstances to change the sentence of the lower court after the pronouncement of the lower judgment. Furthermore, considering the Defendant’s age, character, character, environment, family relationship, and all of the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment cannot be deemed to be excessive or unreasonable, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing by each of the Defendant and the prosecutor

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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