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(영문) 대구지방법원 2014.11.20 2014노1805
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million and 40 hours after completion of sexual assault treatment programs) declared by the court below is too uneasy and unreasonable.

2. The judgment of the Defendant committed the instant crime during the period of suspended execution due to the instant crime, and the instant crime was committed by the Defendant by committing an indecent act with the victims who had danced in the stage of his age club, and the crime’s nature is not easy in light of the degree of indecent act or the method of indecent act.

However, the defendant has no record of being punished for the same kind of crime, and has not committed a second offense by reflecting the truth of the crime in depth.

The defendant seems to have committed a crime under the influence of alcohol, and the victims do not want to be punished for the defendant by the unanimous agreement with the defendant.

On March 201, 201, the defendant got mental treatment due to alcohol respect after leaving a bridge far away from his work.

In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, and all the sentencing conditions shown in the records and pleadings, it cannot be said that the sentence imposed by the lower court 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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