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(영문) 대전고등법원 (청주) 2018.06.28 2018노22
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal - The sentence of an unfair sentence for sentencing (one year of imprisonment, two years of suspended execution, and forty hours of order to attend a sexual assault treatment lecture) is too unfeasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect this case’s sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of this case is likely to have committed an indecent act against the aged victim by force, and the victim seems to have suffered considerable mental shock due to the instant crime.

However, in full view of all the circumstances shown in the records and arguments including the Defendant’s age, sex, family relationship, and environment, the lower court’s sentencing seems to have been conducted within the reasonable scope of discretion, and there is no change in sentencing conditions compared with the lower court.

Ultimately, since the sentence of the court below is too uneasy so it seems unfair, the prosecutor's improper assertion of sentencing is not accepted.

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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