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(영문) 대구지방법원 2017.09.20 2017노2296
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a penalty of three million won) declared by the court below is too uneasy and unreasonable.

2. The judgment of the defendant committed an indecent act by the victim four times, and the defendant's each crime of this case seems to have suffered mental impulses. However, it is acknowledged that the defendant all recognized each of the crimes of this case and reflects his mistake. The victim wants the defendant's wife by agreement with the victim, the defendant was the first offender who has no record of punishment, and the degree of conduct by the defendant itself is particularly important.

It is difficult to see the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime. Considering all the sentencing conditions as indicated in the records and the theory of changes, the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s assertion is without merit.

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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