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(영문) 부산지방법원 2021.01.15 2020노1814
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (such as a penalty of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, the sentencing of the court below is too heavy or it is so unfased that it exceeded the reasonable scope of discretion by comprehensively taking into account the grounds for sentencing revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, and circumstances after the crime.

It does not appear.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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

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