beta
(영문) 서울고등법원 2020.11.05 2020노1410

강제추행상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable that the sentencing of unfair sentencing is too uneasible and unfair. 2) The unfair lower court’s failure to issue an order to disclose personal information to the Defendant.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case is acknowledged as follows: (a) the Defendant committed an indecent act by assault while under the influence of alcohol on the “Packing car” operated by the victim; and (b) committed an injury in the process of committing an indecent act by assault to the victim for about two weeks; (c) the victim seems to have suffered considerable mental shock and pain due to the crime of this case; and (d) the Defendant committed the crime of this case during the period of probation.

However, considering the fact that the defendant recognized the crime of this case, the mistake is divided and reflected, and that the defendant does not want the punishment of the defendant in the trial of the party, and the age, character and conduct and environment of the defendant, and the motive, means and result of the crime of this case, etc. as well as the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime of this case, even if considering all of the circumstances asserted by the defendant and the prosecutor up to the trial of the party, it is not deemed unfair because the sentence of the court below is too heavy or too uneasible.

Therefore, this part of the defendant and prosecutor's argument is without merit.

B. As to the prosecutor’s unfair assertion of exemption from disclosure disclosure order, the lower court did not issue an order to disclose information to the Defendant on the ground that there were special circumstances that the Defendant’s personal information should not be disclosed or notified, based on the circumstances in its reasoning

Examining the above judgment of the court below in light of the records, the prosecutor.