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(영문) 대구고등법원 2019.01.09 2018노363
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. Determination

A. As to the part of the defendant's case, the crime of this case was committed by a female employee who entered a convenience store and took part of the defendant's chest and grandchildren, and the crime was committed by indecent act by force, and the liability for the crime is not less exceptionally in light of the method and content of the crime.

The victim seems to have suffered a lot of shock and sexual humiliation by committing the above crimes from the Defendant, who did not have awareness of being sexually ill.

Furthermore, even though the defendant had been sentenced to the suspended sentence due to the crime of similar law, he committed the crime of this case again during the suspended sentence.

On the other hand, the defendant recognizes the crime, reflects the mistake in depth, and the victim does not want the punishment against the defendant by mutual consent with the victim.

The Defendant appears to have committed the instant crime with drinking, and the degree of indecent act against the victim is relatively insignificant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unreasonable.

Therefore, this part of the prosecutor's argument cannot be accepted.

B. With respect to the part of the request for attachment order and the request for probation order, a prosecutor shall file an appeal regarding the part of the request for attachment order and the request for probation order, stating that the scope of appeal is “total” in the petition of appeal. However, regarding the request for attachment order or the request for probation order filed by a prosecutor

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