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(영문) 서울남부지방법원 2021.02.02 2020노308
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal (a fine not exceeding 5 million won and an order to complete a sexual assault treatment program at 40 hours) for each of the offenses committed by the lower court;

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

If there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the aforementioned legal doctrine, determined the punishment by taking into account the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too heavy or is so unfluent that the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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