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(영문) 부산지방법원 2021.02.17 2020노2045
준강제추행미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (two years of suspended sentence of imprisonment with prison labor for a period of eight months, etc.) is too uneased and unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too unhued, in full view of the reasons for the sentencing revealed in the proceedings of the present case, such as the defendant's age, environment, background and consequence of the crime, and circumstances after the crime.

It does not appear.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion 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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