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(영문) 대전지방법원 2015.05.27 2014노3478
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not more than five months, two years of suspended sentence, and 80 hours of sexual assault treatment lectures) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment is an indecent act committed by several victims at a public place, and the offense is not good and is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake in depth, paid a considerable amount of money (3 million won, 3.5 million won) to two victims, and agreed with the above two victims, that the defendant was the first offender who has no power to commit a crime, and that the social relationship between the defendant and the defendant seems relatively obvious is the circumstances favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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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