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(영문) 대구지방법원 2016.05.04 2016노928
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered (five million won in penalty, five million won in total, and 40 hours in total) is too unhued and unreasonable.

2. The Defendant’s crime of this case is an indecent act by force against the victim who had drinking together and received a report on the indecent act, and thus obstructing the performance of official duties by obstructing the police officer from being called out.

However, it cannot be seen that the Defendant agreed with the victim of an indecent act by force, the Defendant was the first offender without any previous conviction, the Defendant is the age undergraduate undergraduate student, and the Defendant is leading to the military entrance, and other various sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unfeasible and thus, it is not deemed unfair. Thus, the Prosecutor’s assertion is without merit.

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

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