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(영문) 청주지방법원 2020.06.19 2019노1084
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following are favorable circumstances that are favorable to the Defendant: (a) the Defendant reflects the Defendant; (b) the agreement with the victim; and (c) the fact that

However, this situation seems to be reflected in the sentencing as it appears in the court below.

In addition, comprehensively taking account of the motive and background of the crime, means of crime, age, character and conduct, environment, family relation, etc., various sentencing conditions as shown in the arguments and records, etc., it cannot be deemed that the lower court’s punishment is excessively unreasonable because it goes beyond the scope of reasonable discretion.

3. The defendant's appeal is without merit, and 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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