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(영문) 대전고등법원 (청주) 2016.01.14 2015노129
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too uneasible that the lower court’s punishment (a punishment of imprisonment for three years, five years of suspended execution, community service, 160 hours, and 80 hours of taking lectures to treat sexual assault) is too uneasible.

2. The court below held that the crime of this case is against the defendant's wrong in light of the unfavorable circumstances, such as the fact that the crime of this case was committed against the victim of female-friendly job offers by hearing the horses and assaulting the victim, and the nature of the crime is very poor, that the victim is a juvenile of 18 years old, that the victim seems to have received a large mental impulse, that the victim seems to have received a large amount of mental impulse, and that there is no agreement with the victim

In full view of the favorable circumstances, such as the fact that it appears to be contingent crimes, the first offender, and all other sentencing conditions, the defendant sentenced 3 years of imprisonment, 5 years of suspended execution, community service, 160 hours, and 80 hours of lectures to treat sexual assault.

B) Examining the record in light of the circumstances cited in the grounds of appeal, the lower court’s sentencing is unreasonably weak, even if it were to be considered in light of the records.

It does not seem that it does not appear.

The grounds for appeal are without merit.

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

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