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(영문) 대구지방법원 2020.01.10 2019노2881
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of 6 million won) sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant recognized all of the crimes of this case and reflected in the judgment of the court below, agreed to pay 12 million won to the victim, 22 years of age university students, and 22 years of age without any criminal power.

However, the nature of the crime of this case is not good, and the victim seems to have received a large sense of sexual shame, and the defendant first denies the crime, and the victim appeared and testified as a witness at the court below.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

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