(영문) 서울고등법원 2013.10.17 2013노2430 | 리걸엔진

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(영문) 서울고등법원 2013.10.17 2013노2430

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant on the charge of indecent act by compulsion among the facts charged in the instant case and sentenced the Defendant guilty on the remainder of the charges.

Therefore, since only the prosecutor appealed on the guilty portion on the ground of “an unfair form of punishment,” the dismissal of prosecution in the judgment below became final and conclusive after the period of appeal expires.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

3. The offense of causing property damage and injury on the ground that the Defendant, while under the influence of alcohol at a restaurant, demanded to do so more in the state of alcohol, but was refused, cannot be deemed to be less than that of the crime.

However, in full view of the following: (a) the Defendant led to the confession of all of the instant offenses; (b) the Defendant agreed with the victims in the lower court; and (c) the Defendant was punished once on February 24, 1990 by a fine of KRW 100,000 due to a violation of the Punishment of Violences, etc. Act in the branch court of the Seoul District Court in North Korea on February 24, 1990; (d) there was no record of punishment regarding the “crime” (other than the above previous offense, the Defendant was punished by a fine of KRW 500,00 by a violation of the Registration of Credit Business and the Protection of Financial Users Act at the Suwon District Court on June 24, 2010); and (c) other factors, such as the Defendant’s age, family relation, character and conduct, environment, motive, means and method of the crime, and the circumstances after the crime, etc

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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