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(영문) 대전지방법원 2016.10.19 2016노922
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment and a fine of one million won, and 40 hours of completion of a sexual assault treatment program) is too uneased and unreasonable.

2. In the case of the crime of indecent act by compulsion, there are unfavorable circumstances, such as the fact that the victim seems to have suffered a considerable sense of shame and the fact that the victim did not agree with the victim, and the liability for the crime that harms the propriety of immigration service due to the crime of violation of the duty to carry and present a passport cannot be deemed to be light. Therefore, it is reasonable to place the defendant on the punishment of

However, there are also circumstances that can be considered for the defendant, such as the fact that the degree of force used by the defendant is not strong, that it appears that the defendant committed a crime of indecent act by compulsion by force by contingency, and that there is no record of punishment in Korea

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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

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