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(영문) 청주지방법원 2020.10.16 2020노722
준강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (one year of imprisonment, 40 hours of completion of sexual assault treatment programs, 3 years of notification of disclosure of personal information, 3 years of restriction on employment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing by the defendant and the prosecutor, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The defendant's attitude to recognize and reflect the crime, and the fact that the defendant has no record of the same kind of crime and the suspension of execution, etc. are favorable to the defendant.

On the other hand, this case is an indecent act committed by the defendant, who is a taxi engineer, committed an indecent act against the victim who was taken off as a passenger, and the nature of the crime was poor in light of the criminal law, and the victim suffered a big mental pain in this case, etc., which is disadvantageous to the defendant.

In addition, in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, means, and consequence, etc., the sentence of the lower court is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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