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(영문) 대구지방법원 2015.05.07 2014노3177
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit an indecent act against the victim as stated in the instant facts charged, the lower court’s judgment that convicted the Defendant of the instant facts charged was erroneous.

B. The prosecutor (unfair punishment) sentenced by the lower court to the Defendant (two months of imprisonment, two years of suspended sentence, and eight hours of sexual assault treatment lectures) is too uneasy and unfair.

2. Determination

A. According to the evidence duly adopted and examined in the court below's determination of mistake of facts, the defendant can be found to have been faced with the victim E by leading the victim E. Therefore, the above argument by the defendant is without merit.

B. In full view of various circumstances, including the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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