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(영문) 대구지방법원 2020.04.10 2019노5178
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The Defendant, while under the influence of alcohol in the past, has been punished for several times as a crime, such as violence, and in particular, even if the Defendant was fully recognized with the statement of the victim, etc. during the period of repeated crime, the Defendant did not seem to have denied his/her criminal act and did not appear to have an attitude of reflection while denying his/her criminal act from the investigative agency to the appellate court, and did not receive a letter even if he/she did not agree with the victim.

However, considering the fact that there is no punishment for the same kind of force, and the degree of indecent act is not serious, there is no special circumstance to change the sentencing after the judgment of the court below, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below is deemed appropriate and it is deemed unfair because it is too unreasonable. Thus, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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