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(영문) 대구고등법원 2015.06.11 2014노359
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

1. The part of the judgment below regarding the request for attachment order shall be reversed.

2. The request for the attachment order of this case is dismissed.

3...

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order 1) There is no fact that the Defendant committed indecent act by force as stated in the facts constituting a crime in the judgment of the court below. 2) Even if the charges of this case are found guilty, the court below’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Part 1 of the Defendant case asserts that the Defendant’s assertion of mistake of facts is identical to the aforementioned assertion of mistake of facts, and the lower court, under the title of “determination on the Defendant and his defense counsel’s assertion”, found the Defendant guilty of indecent act by force on the part of the Defendant. According to the evidence duly adopted and examined by the lower court and the lower court, the lower court’s aforementioned determination is justifiable, and there is no error of mistake of facts as alleged by the Defendant, and there is no error of law such as mistake of facts as alleged by the Defendant. 2) As to the Defendant’s and the prosecutor’s assertion of unreasonable sentencing, the crime of this case was committed by force by force

In particular, the crime of this case was committed during the probation period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the liability for the crime is not easy in that it was not received from the victim.

Meanwhile, there are extenuating circumstances to consider sentencing, such as the fact that the Defendant had no record of being punished for the same kind of crime before the crime of this case was committed, and that the equity in the case of judgment is to be considered at the same time as the crime of

In full view of all circumstances, including these various circumstances, including the Defendant’s age, character and conduct, the environment, the motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is an appropriate sentence corresponding to the Defendant’s liability.

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