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(영문) 의정부지방법원 2020.11.19 2019노3506
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each unfair sentencing (in the case of an original trial, a fine of five million won, and forty hours after completing a sexual assault treatment program);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. In light of the background and method of the crime, etc., a mitigated person: (a) the Defendant’s liability for the crime was heavy; (b) the Defendant’s confession, victim’s failure to punish him/her; and (c) there was no past record of criminal punishment; and (d) the grounds for unfair sentencing alleged by both parties in the trial are circumstances having already been sufficiently taken into account while determining the punishment; and (c) the lower court’s determination of the punishment was not deemed to have exceeded the reasonable scope of discretion; therefore, it is reasonable

Therefore, both parties do not accept the allegation of unfair sentencing.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the defendant and the prosecutor are without merit.

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