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(영문) 서울동부지방법원 2018.04.26 2017노1871

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

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

2. It is recognized that the Defendant did not agree with the victims, and that the victims might have suffered considerable mental pain due to the instant crime.

On the other hand, considering the following various circumstances, such as the Defendant’s age, sexual conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the Defendant’s punishment is too heavy or it cannot be deemed unfair as it is too unreasonable, and the Defendant’s and prosecutor’s argument on the above sentencing are without merit.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.