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(영문) 대구지방법원 2013.12.26 2013노2486
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won, and an order to complete a sexual assault treatment program) declared by the lower court is too uneasible and unreasonable.

2. The instant crime is an indecent act committed by the Defendant by force against the victim under his direction and supervision in the course of performing his duties.

Until the trial, there was no agreement with the victim.

However, the defendant is the first offender, and the mistake of the crime in this case is divided.

Prior to the crime of this case, the defendant operated the D's business before the crime of this case, and seems to have been a relatively sincere member of society.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too uneas

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

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