logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.02.09 2017노4414
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment, and forty hours of sexual assault treatment programs) is too heavy or unreasonable (the Defendant withdrawn the remainder of the grounds for appeal on the first trial date). 2. Determination and prosecutor’s unfair claims for each of the sentencing of the Defendant and prosecutor are also examined.

The defendant had suffered severe mental pain for a considerable period of time by repeatedly taking advantage of the victim who tried to commit an indecent act twice or more against the victim and to end an inappropriate relationship with the defendant, and repeatedly sending text messages of intimidation, and the victim's refusal to reach all agreements is the circumstances unfavorable to the defendant.

On the other hand, the defendant shows the attitude of the opposite to the defendant's late, there is no criminal record exceeding the same kind or fine, the defendant and the victim's spouse are not only the defendant but also the victim's improper relationship, which led to this case, are favorable to the defendant or considered in the circumstances of the case.

In addition, taking into account various circumstances, such as the Defendant’s age, sex, and environment, the lower court’s punishment cannot be deemed to be too heavy or unreasonable as it is too heavy.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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

arrow