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(영문) 서울동부지방법원 2021.01.29 2020노926

감금등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (the 2 years of suspended execution and the 100,000 won of fine for eight months of imprisonment, the observation of protection, and the 40 hours of taking lectures to treat sexual assault) imposed by the lower court is too heavy or too unfasible (the Defendant).

2. The lower court is deemed to have reasonably decided the sentence of the lower court by fully taking into account all the circumstances, including the Defendant and the prosecutor’s various sentencing grounds, and there is no change in sentencing conditions that may change the sentence compared to the lower court, and taking into account the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or too unreasonable in light of the overall sentencing conditions.

Therefore, the defendant and the prosecutor's argument are without merit.

3. The conclusion is that the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the part of Article 38(1)2 of the Criminal Procedure Act in the column for “an aggravated punishment of 1. concurrent crimes” in the application of the law of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure to Article 38(1)3 of the Criminal Procedure Act is corrected.