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(영문) 광주지방법원 2020.07.22 2020노1213
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment) by the lower court, the Defendant asserted that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the effect that it is too unhued and unreasonable for the prosecutor.

2. The Defendant recognized the crime, and the health of which is not good.

On the other hand, the Defendant committed an indecent act against the victim, who is a juvenile of the biological site, as rhythm, with the victim’s shoulder and brhythm. In light of the victim’s age, the method and contents of the crime, etc., the nature of the crime is not good.

The defendant has been punished by committing an indecent act under the same law.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or somewhat

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, 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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