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(영문) 서울남부지방법원 2020.08.25 2020노877
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal: Imprisonment with prison labor for one year and 40 hours after an order to complete a sexual assault treatment program);

2. The judgment of the court below is reasonable in light of the circumstances surrounding the crime, the circumstances after the crime, the defendant's age, character and conduct, and environment, etc., and the various sentencing conditions shown in the argument of this case, such as the defendant and the prosecutor's assertion are reasonable, since it is not reasonable in light of the following: (a) it is necessary to strictly punish the crime of obstruction of performance of official duties; (b) it is not necessary to strictly punish the police officers who committed the crime of obstruction of performance of official duties; and (c) it is not agreed upon with the victim of the crime of indecent act by compulsion of this case.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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

(However, since it is obvious that the "the same as the entry in Paragraph (1)" in Part 16 of the judgment of the court below is a clerical error, it shall be corrected as ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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