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(영문) 대전지방법원 2016.10.12 2015노3565
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, 80 hours of community service order, and 40 hours of order to attend sexual assault treatment lectures) of the lower court is deemed to be too uneasy and unreasonable;

2. According to the fact that the defendant committed an indecent act against the victim on two occasions and did not agree with the victim, it is reasonable to place the defendant with severe punishment.

However, in full view of the fact that the Defendant was fully aware of the instant crime, there is no record of punishment for the same kind of crime, and there is no special change in circumstances that the lower court’s punishment differs from the lower court on all of the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the Defendant’s punishment is too 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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