강제추행등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (5 million won of a fine and 40 hours of order to complete a program) declared by the court below is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.
2. The circumstances favorable to the Defendant are the following: (a) the Defendant’s confession and reflects each of the instant crimes; (b) the degree of indecent act and assault is relatively heavy; and (c) the Defendant appears to be a recipient of basic living benefits who is not well-grounded in economic form.
However, on January 26, 200, the Seoul High Court sentenced the defendant to 12 years of imprisonment with prison labor due to the death or injury of the main building, and was released on October 28, 2009 in the Ansan Prison on the parole on October 14, 2009 during the execution of the sentence, and committed each of the instant crimes within the repeated period after the expiration of the parole period on May 14, 201, and did not reach an agreement with the victims during the period of the parole, etc. are disadvantageous to the defendant.
In full view of the circumstances seen earlier, the Defendant’s age, character and conduct, environment, family relationship, and other various circumstances that form the conditions for sentencing as indicated in the instant pleadings, it cannot be deemed that the lower court’s sentence imposed against the Defendant is heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing is without merit.
3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.