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(영문) 대전지방법원 2020.09.23 2019노3238
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the nature of the crime is somewhat weak in light of the relationship between the defendant and the victim, the behavior of the defendant after the crime. Considering that the mental suffering of the victim caused by the instant case is considerable, and the victim’s severe punishment against the defendant, the sentence of the lower court (the fine of eight million won, the order to complete the program) is too unfeasible and unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the following factors: (a) the Defendant, who did not have any criminal power, has committed a crime in the first place in the instant case; and (b) has a relatively insignificant degree of indecent act in light of various sentencing factors revealed in the proceedings of the instant case, such as the fact that the lower court’s sentencing is too unfeasible and so on, it does not seem to have exceeded the reasonable scope of discretion.

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

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