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(영문) 서울서부지방법원 2020.11.30 2020노709
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., a fine of KRW 15 million) by the lower court, the Defendant asserts that the punishment is too unreasonable, and that the prosecutor is too uneasible, and that the punishment is unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

The judgment below

Since then, there is no new circumstance to change the sentence of the court below in the trial court, and there is no other reason to deem that the sentencing of the court below is too heavy or unhued and exceeded the reasonable scope of discretion by taking into account all the sentencing conditions of the case, including the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime.

Defendant

The prosecutor's assertion and prosecutor's assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, 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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