logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.10.19 2017노1486
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant has a profound radius and has a obvious social relation, the defendant is expected to enter the university at present when the case is closed, each of the crimes of this case has been committed contingently in the state of detention, the defendant has no previous conviction in the court below as to the crime of indecent act and the crime of intrusion on residence, and has deposited five million won at the court below as to the crime of coercion and the crime of intrusion on residence, and has made efforts to recover the damage, the punishment (eight months) sentenced by the court below is too unreasonable.

B. In light of the fact that the crime of indecent act by the prosecutor in the instant case was planned and intelligent, and the victim’s sexual humiliation appears to have been extreme in view of the method of crime and the degree of indecent act, although the victim of the crime of indecent act in the instant case was under serious conditions, the Defendant did not make a genuine effort to recover from damage, and that the Defendant did not prosecute as the crime of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (an indecent act by force upon residence) by taking into account the Defendant’s age, the punishment sentenced by the lower court is too uneasible and unjust.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

In our criminal litigation law, which takes the principle of trial-oriented and directness, 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, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment.

In addition, the age, sex, environment, motive, means and consequence of the crime of the defendant, including those favorable or unfavorable to the defendant.

arrow