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(영문) 서울서부지방법원 2021.01.14 2020노981
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of suspended sentence in August, etc.) is too uneasy and unreasonable.

2. In a case where there is no change in the sentencing conditions compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence by taking into account the various circumstances as indicated in its reasoning.

The judgment below

There is no new circumstance to change the sentence of the court below in the trial after the sentence was sentenced, and the defendant is the first offender who has no record of punishment including juvenile protective disposition so far, and in light of the defendant's age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., the sentencing of the court below exceeded the reasonable scope because the sentencing of the court below is too unfeasible, even if it is considered that the sentencing of the court below exceeded the reasonable scope, considering all the sentencing conditions

It does not appear.

The prosecutor's assertion is without merit.

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

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