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(영문) 대구지방법원 2017.05.26 2016노4728
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment (3 million won in penalty, and 40 hours in sexual assault treatment programs) declared by the court below is too uneased and unfair.

2. In light of the following factors: (a) considering the following factors: (b) the number of the crimes in this case; (c) the method of the crime in this case; (d) the place of the crime in this case; and (e) the victim wants to punish the defendant; (b) the defendant all of the crimes in this case at an investigative agency; (c) the defendant is a primary offender who has no record of punishment; (d) the court below rendered the highest sentence among the fines to the defendant; (e) there is no special change in circumstances to change the sentence; and (e) taking into account all the circumstances of sentencing as shown in the records and arguments of this case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the sentence of the court below, it is not recognized that the sentence of the court below is too unjustifiable and unfair. Therefore,

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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