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(영문) 부산지방법원 2019.05.24 2019노405

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The lower court, as stated in its reasoning, determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

Although the Defendant was in the appellate trial and deposited KRW 9 million against the victim as the compensation for damages, even if considering the various sentencing conditions revealed in the proceedings of the instant case, there is no circumstance that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the lower court’s sentencing.

Each argument of unfair sentencing by the defendant and prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.