beta
(영문) 창원지방법원 2020.08.13 2020노783

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won, order to complete sexual assault treatment programs, and order to restrict employment) declared by the court below is too uneasible and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed an indecent act against the victim, who is a worker, on two occasions.

The defendant did not receive a letter from the victim, and the victim wanted to punish the defendant.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant seems to have committed the crime of this case in a drunken manner.

Defendant has no record of punishment for the same kind of crime.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion 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.