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(영문) 서울고등법원 2020.04.23 2020노304

강제추행치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The court below determined that the crime of this case was committed on the ground that the defendant committed an indecent act against the woman who was late at night, and stolen the money and valuables of the defendant who was locked, and that the nature of the crime is not less than that of the crime, the defendant does not know even though he was a repeated crime, and the defendant does not have any particular damage to the victims, and the defendant did not receive any tolerance from the victims, the court below sentenced the defendant to the punishment within the scope of the recommended sentencing guidelines of the Sentencing Commission revised by the sentencing committee of the Supreme Court, taking into account the circumstances favorable to the defendant, given that the defendant led to the confession of the crime of this case.

The sentencing of the lower court appears to have been appropriately determined taking into account the above various circumstances, and there is no new circumstance or special change in circumstances that can be reflected in the sentencing after the sentence of the lower judgment.

In addition, taking into account the Defendant’s age, character and conduct, environment, family relationship, criminal records, circumstances, and result of the crime, etc., the lower court’s punishment is too heavy to the extent of deviating from the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.