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(영문) 대구지방법원 2017.05.25 2016노4987
강제추행
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (7 million won in penalty and 40 hours in sexual assault treatment programs) by the court below is too unfilled and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The court below sentenced the above punishment by taking into account the following circumstances: (a) the Defendant, who was a university professor, committed an indecent act by force against the victim, who was a professor at his own house, and took into account the fact that the crime was committed; (b) the Defendant led to the confession and the attitude of reflecting the depth of the crime; (c) paid the victim a compensation amount of KRW 40 million; and (d) the victim was willing to take the Defendant’s wife against the Defendant; (d) the Defendant was the first offender; and (e) the victim’s circumstance leading up to the instant

In full view of the circumstances that take into account the unfavorable circumstances as above, and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, means and consequence, etc., and all the conditions of the punishment as shown in the record and pleading, the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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