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(영문) 부산고등법원 (창원) 2020.04.29 2019노326
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Punishments (fines 15 million won, etc.) imposed on the defendant by the court below are too unhued and unfair.

Judgment

In light of the following: (a) each of the instant crimes committed by the Defendant with false facts; (b) the Defendant committed an indecent act by compulsion against a juvenile; (c) the content and circumstances of each of the crimes; and (d) the Defendant committed each of the crimes indicated in the judgment during the period of parole or the period of repeated crime; (c) the criminal liability is heavy; (d) the risk of infringing on the legal stability of the State’s right to criminal justice due to the commission of the crime without prejudice; and (e) the risk of infringing on the legal stability of the State’s right to criminal justice; and (e) the fact that a juvenile victim appears

On the other hand, in the court below, the defendant's crime of indecent act by compulsion is committed in the court below, the fact that the defendant recognized each crime in the court below, recognized the mistake in depth, the degree of indecent act by compulsion is not much serious, and the crime without the victim does not reach the stage of compulsory disposition or criminal punishment, and the fact that the person without the victim does not want the punishment of the defendant is favorable to the defendant.

The sentencing criteria are not applicable since the above circumstances and the Defendant’s character and conduct, the environment, the motive and background leading to each of the instant crimes, the means and methods of committing the instant crimes, and the circumstances after committing the instant crimes.

In full view of the above, it cannot be said that the sentence imposed by the court below against the defendant is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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