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(영문) 서울서부지방법원 2020.12.14 2020노1061
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. With respect to the summary of the grounds for appeal (e.g., a fine of KRW 7 million), the Defendant appealed on the grounds that the Defendant’s punishment is too unreasonable, on the grounds that the Defendant’s punishment is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(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 court below, there is no new circumstance to change the sentence of the court below in the court below, and in particular, it is acceptable that the court below considered the victim as a factor for sentencing unfavorable to the defendant, which is a foreigner, as an element for sentencing favorable to the defendant, and in light of the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, etc., even in light of all the sentencing factors indicated in the argument of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, etc., it does not seem that the sentencing of

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

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.

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