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(영문) 대구지방법원 2014.12.30 2014노2499
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, one year of suspended execution, and 20 hours of sexual assault therapy) declared by the court below is too unfasible and unfair.

2. The instant crime committed by the Defendant, as an driving instructor of a driving school, was committed by the Defendant with the driver of a driving school, leading the victim to drive the vehicle in which the victim is driving, and thus, committed an indecent act against the victim by spreading the victim’s bucks or by holding it inside the buckbucks. In light of the Defendant’s status, motive and background of the crime, method and place of the crime, etc.

Although the victim appears to have suffered considerable mental shock due to the crime of this case, it was impossible to agree with the victim, and it was not possible to recover the damage.

However, there is no history of punishment for the same crime, and there is no fact of criminal punishment exceeding fines due to other crimes, and it seems that the defendant has been punished by a fine of KRW 700,000 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 195 and has lived faithfully.

It seems that monetary damage recovery is made through civil litigation filed by the victim against the defendant and the driver training school, and the defendant is dismissed immediately after this case, and the possibility of re-offending is low.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said 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 on the ground that it is without merit. It is so decided as per Disposition.

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