beta
(영문) 서울중앙지방법원 2013.05.03 2013노1145

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the appeal. 2. The judgment of the court of this case is unfair in light of the following factors: although the nature of the crime of this case committed by the defendant is inferior, and even if so, the defendant did not receive a written request from the victim by mutual consent, there is no evidence to agree with the victim. However, the prosecutor's above assertion disputing this point cannot be accepted, considering comprehensively the sentencing conditions favorable to the defendant, such as the defendant's confession of the crime of this case, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character, character, environment, motive and circumstance of the crime of this case, and circumstances after the crime.

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