(영문) 대구지방법원 2020.08.18 2019노3112 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.08.18 2019노3112

강제추행

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s sentence (a fine of KRW 5 million, Defendant B: a fine of KRW 6 million) against the Defendants in the summary of the grounds for appeal is deemed unreasonable because it is too uneasible.

2. The judgment below seems to have rendered the above sentence by comprehensively taking into account the circumstances favorable to the Defendants (the fact that the defendants are recognized to commit the crime of this case late, and that there is no special criminal record other than the punishment imposed once by a fine of three million won around 2017 to Defendant A, and that there is no criminal record other than the punishment imposed by Defendant B as the juvenile protection case) and unfavorable circumstances (the crime of this case is committed in violation of the victim's explicit refusal of concurrence with the Defendants, and it is an indecent act and assault against the victims by disregarding and joining the victims, and the nature of the crime is not good, and it seems that the victims' sexual humiliation received is not easy, and it seems that the victims' sexual humiliations might not be easily sensed, as the victims wanted to punish the Defendants, etc.).

In light of the aforementioned grounds for and the Defendants’ age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, various circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances to the punishment prescribed by the court below against the Defendants, the sentencing of the court below is appropriate and it cannot be deemed that abuse of discretion or deviation from the limits of discretion.

Sentencing against the Defendants of the lower court is not unfair.

3. The appeal against the Defendants by the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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