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(영문) 서울서부지방법원 2020.02.20 2019노1028
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 6 million won of fine and 80 hours of completion of sexual assault treatment programs) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 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.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of committing a crime, circumstances after committing a crime, and all of the sentencing factors indicated in the records and pleadings of the instant case, the lower court’s sentencing is too unfeasible, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the application of the law of the judgment of the court below shall be corrected to add "1. Aggravation of concurrent crimes" to the following acts: "1. Aggravation of concurrent crimes" and "Article 37, Article 38(1)2 and Article 50 of the Criminal Act" to the following acts.

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