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(영문) 대구지방법원 2014.11.13 2014노1517
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the punishment of a fine of five million won and the completion of a sexual assault treatment program 16 hours) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant is fucking out by ruping the victim's bucks inside and rhumbucks, and ruptures the victim's bucks by using the buckbucks.

Until the trial, the defendant did not agree with the victim.

However, the defendant is the first offender, and the mistake of the crime of this case is recognized, and is in depth against it.

The crime of this case consists of a short-term accident and the degree of indecent act is relatively weak.

In addition, in full view of the circumstances in this case, the contents and methods of the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions as shown in the arguments, it cannot be deemed that the sentence imposed by the court below is too uneasible and unfair.

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

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