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(영문) 대전지방법원 2016.06.29 2016노188
강제추행미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable.

2. The crime of this case is deemed to have committed an indecent act or indecent act in the course of three times, such as taking the chest of a victim living in adjoining areas into clothes, and the commission of the crime, and the frequency of the crime, the relation with the victim, etc., which is very bad and responsible. The crime of this case appears to have been received by the victim at the time of the crime of this case, the damage of the victim was not recovered, and the fact that the defendant was not able to take care of the victim is disadvantageous to the defendant.

On the other hand, it appears that the defendant all of the crime of this case is recognized and against the defendant, except once among the three times of the crime of this case, and the extent of indecent act such as failure to use the victim or taking charge of the victim's timber or shoulder is relatively minor, the extent of assault or intimidation used by the defendant is not more severe, the defendant has been fined twice, but there is no criminal history in 2002, and the defendant has no record of crime, and the health of the defendant is less favorable to the defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair, and thus, 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 on the grounds that the appeal is without merit.

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