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(영문) 대전지방법원 2020.04.08 2019노1334
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is very poor in light of the content of the instant crime, and it appears that the victim’s sense of shame or mental shock was very serious due to the occurrence of the crime, and the investigation agency did not appear to have an attitude against the victim by denying the crime, and thus, is unreasonable.

2. We examine the judgment, and consider the above circumstances asserted by the prosecutor at the court below as being sufficiently considered in determining the punishment. This is why the Defendant, who has no criminal power, led to the Defendant’s confession of the instant crime with a primary offender and reflects in depth the mistake, and seems to have caused contingent crimes, and that the Defendant agreed with the victim in the process of the instant pleading, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfeasible to the extent that the sentencing of the court below exceeded its discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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