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(영문) 대전지방법원 2015.11.18 2015노2410
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the punishment (one year of imprisonment, two years of suspended execution, and 40 hours of sexual assault treatment lectures) imposed by the court below against the defendant is too uneased and unreasonable.

2. The crime of this case is a case where the defendant committed an indecent act against the victim E under the influence of alcohol and resisting such act, and subsequently assaulted after committing an indecent act against the victim F. The crime of this case is very poor in light of the motive of the crime and the method of the crime. The victim F seems to have suffered a significant mental shock due to the crime of this case. Nevertheless, the defendant appears to have not endeavored to recover damage to the victims.

On the other hand, the fact that the defendant seems to have been receiving medical treatment for a considerable period of time, there are a large number of criminal records against the defendant, but there are no records of punishment due to sex crimes, and that the defendant expresses his intention to treat and faithfully live the early illness is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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