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(영문) 대구지방법원 2015.12.03 2015노440
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and an order to complete a sexual assault treatment program 40 hours) is too unhued and unreasonable.

2. The instant crime is an indecent act committed by the Defendant against the female employee at an open place, and the nature and nature of the crime or the criminal fact is not weak, and even if the victim was physically shocked due to the instant crime, there is a need to punish the Defendant significantly because it does not recover from damage.

However, in full view of the following facts: (a) the Defendant has no criminal history of the same kind; (b) the indecent act itself in the exercise of the instant tangible power is not serious; and (c) the motive and background leading up to the instant crime; (b) the circumstances before and after the instant crime; and (c) the Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot

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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