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(영문) 서울서부지방법원 2020.05.11 2019노1376
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the lower court is deemed to be too uneasible and unfair.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the lower court’s sentencing is too unhued and thus, does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of 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.

[In accordance with Article 25(1) of the Rules on Criminal Procedure, "1. Exemption from disclosure order and notification order" in the written judgment of the court below shall not disclose personal information when comprehensively considering the defendant's age, occupation, risk of recidivism, details and circumstances of the crime, method and consequence of the crime, method of the crime, disclosure order and notification order, the degree of disadvantage and anticipated side effects of the crime to be achieved, the preventive effect of the sexual crime to be registered, the effect of the protection of the victim, etc. in light of the following: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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