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(영문) 대구지방법원 2017.05.26 2017노1237
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the order to complete sexual assault treatment programs 80 hours) is too unhued and unreasonable.

2. In light of the following facts: (a) the Defendant had been sentenced twice to a two-time suspended sentence due to the same crime similar to that of the Defendant; (b) the Defendant committed the instant crime during the period of the suspended sentence; (c) however, there are unfavorable circumstances against the Defendant, such as the Defendant’s acknowledgement of and reflect on the instant crime; (d) the Defendant did not have any criminal conviction due to the same type of crime; and (e) the Defendant’s age, sexual conduct, environment, health conditions, and the conditions of overall sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the crime, etc., the lower court’s sentence is too uneasible,

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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