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(영문) 서울북부지방법원 2016.08.18 2016노953
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

Although there are circumstances unfavorable to the defendant, such as the fact that the mental suffering of the victim is deemed not to be less severe due to the crime of this case, the fact that the defendant did not receive a letter from the injured person, the defendant was punished for the same kind of crime, etc. However, considering the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be unfair because the punishment imposed by the defendant is too heavy or uneasible, and thus, each of the defendant and the prosecutor's unfair claims for sentencing are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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