beta
(영문) 서울중앙지방법원 2013.05.24 2013노1262

강제추행미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. Although the judgment of this court has the conditions of sentencing unfavorable to the defendant, such as the fact that the defendant has not yet received a written application from the victim, the degree of damage to the victim is relatively minor, and the defendant has no criminal power to be punished for any crime similar to this case, considering comprehensively the conditions of sentencing favorable to the defendant and other various conditions of sentencing as shown in the argument of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., it cannot be deemed that the fine imposed by the first instance court is too unreasonable. Thus, the prosecutor's above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.