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(영문) 서울중앙지방법원 2013.09.27 2013노2768
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal is an unreasonable sentencing in light of the following as a whole: (a) there are several occasions in which the defendant was subject to criminal punishment for sex offenses; (b) the defendant committed each of the crimes in this case during the period of repeated crimes; and (c) the degree of indecent act is not much serious; and (d) the sentencing conditions favorable to the defendant, including the defendant’s age, character and behavior, family mode, the circumstances leading up to each of the crimes in this case; (b) the physical parts of the defendant committed an indecent act against the victims and the indecent act method; and (c) various sentencing conditions indicated in the arguments in this case, including the circumstances after the crime, etc., it is difficult to view that the first instance court’s sentence of imprisonment with prison labor for six months imposed on the defendant is too heavy or unreasonable.

3. Accordingly, we cannot accept all appeals filed by the Defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act.

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