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(영문) 서울북부지방법원 2016.09.29 2016노1184

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In light of the circumstances favorable to the defendant such as having no criminal history of punishment against the defendant, and the degree of indecent act in the crime of this case, the defendant did not receive a letter from the injured person, and the fact that the injured person seems to have considerable mental suffering from the crime of this case, as well as other circumstances that are the conditions of sentencing as shown in the records, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be too heavy or unreasonable, and thus, each unfair argument of sentencing by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.