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(영문) 서울남부지방법원 2020.06.19 2020노593

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the defendant on the ground that the crime of indecent act by compulsion was recognized in full view of the statements made by the victim's investigative agency, such as the victim's physical part, the victim's chest after the defendant's delivery, which had contacted the public prosecutor (1) by mistake of facts, misunderstanding of legal principles, and the misapprehension

(2) The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The lower court rendered a judgment on the prosecutor's assertion of mistake of facts and misapprehension of legal principles on this issue, on the grounds that it is difficult to readily conclude that the evidence submitted by the prosecutor alone was intentional by indecent act by compulsion, and that the defendant was not guilty on the ground that the court below erred by mistake of facts and misapprehension of legal principles as alleged by the prosecutor in the judgment of the lower court. In light of the above evidence and the records of this case, the lower court's judgment is justified

Therefore, this part of the prosecutor's assertion is groundless.

3. In a case where there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the assertion of unfair sentencing by the defendant and prosecutor, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all of the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentencing is too heavy or is at its discretion.