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(영문) 서울중앙지방법원 2018.11.15 2018노1826
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2.5 million won suspended sentence) is too uneasy and unreasonable.

2. The degree of the Defendant’s conduct of the judgment is somewhat somewhat interviewed and the indecent act is not less exceptionally given that it is on the part of the indecent act.

However, as the court below properly added, the defendant recognized the crime and committed the crime in depth, there is no record of crime, and the injured person has not been punished against the defendant by agreement with the victim.

In light of the circumstances leading up to the crime and the attitude of the defendant after the crime, the circumstances that the defendant would not commit such a crime may be recognized again.

The judgment below

There is no change in circumstances or circumstances that can be newly considered for the reason of aggravation of punishment after the sentence is sentenced.

In addition, considering all the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sex, and environment, the sentence imposed by the lower court cannot be deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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