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(영문) 인천지방법원 2020.04.10 2019노4054
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, 40 hours of order, and 5 years of employment restriction order) is too unreasonable.

B. The sentence imposed by the prosecutor (one year of imprisonment, 40 hours of order, 5 years of employment restriction order) by the court below is too unfilled and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the time of examination and trial. In full view of the various sentencing conditions revealed in the proceedings of the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or it goes beyond the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition

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