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(영문) 대전지방법원 2020.05.13 2020노648
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in view of the following: (a) the Defendant was committed with the charge of the instant case and is in profoundly against the mistake; and (b) the degree of indecent act is relatively insignificant; and (c) the punishment of the lower court is too unreasonable.

2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court with respect to the determination of sentencing. As such, it is reasonable to respect the determination of sentencing in the first instance court 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, Jul. 23, 2015). The lower court appears to have determined the sentence by sufficiently taking into account the above favorable circumstances alleged in the first instance court. In addition, the lower court did not reach an agreement with the victim, and there was no special change in circumstances where the lower court should change its punishment after it sentenced the lower court, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances, etc.

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

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