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(영문) 서울동부지방법원 2020.05.21 2020노101

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 1 year of imprisonment, 40 hours of orders to complete sexual assault treatment programs, 3 years of employment restriction orders) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering various circumstances that form the conditions for sentencing specified in the record and pleading of the instant case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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