logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.20 2017노1320
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too heavy or minor.

2. The fact that the victim made an indecent act in this case repeatedly even though the victim clearly expressed his/her intention of refusal, and that he/she made an assault with the victim who resisted sexual indecent act immediately after the crime, in light of the process of the crime and the circumstances after the crime, there is a high possibility of criticism against the defendant, and that there was no agreement with the victim is an unfavorable circumstance against the defendant.

However, in full view of the circumstances favorable to the defendant, such as the first offender and the recognition of the crime of this case, and all other sentencing conditions in the records of this case, including the motive, degree, method, and age of the defendant, sexual conduct, environment, etc., the punishment sentenced by the court below is deemed appropriate.

Therefore, 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 in conclusion is dismissed in entirety on the grounds of merit.

arrow