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(영문) 서울고등법원 2016.04.01 2016노117
강제추행등
Text

The prosecutor's appeal is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

1. The part of the defendant case

A. The summary of the grounds for appeal is unreasonable since the sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unfasible.

B. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto nature, etc., it is reasonable to respect the sentencing in a case where there is no change in the conditions for sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to reverse the judgment of the first instance on the sole ground that the sentence of the first instance falls within the scope of the discretion, and to refrain from imposing a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no special change in the sentencing conditions compared with the lower court’s judgment, and even when considering all of the reasons for sentencing in the lower court’s reasoning, the sentencing of the lower court is too excessive beyond the reasonable scope of the discretion.

The prosecutor's ground for appeal cannot be accepted.

(c)

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

2. Part of the case for which the attachment order is requested

A. On May 12, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of compulsory indecent act committed with the District Court on the part of May 12, 2014. On October 2, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted indecent act in the capital support in the Suwon District Court, and on December 27, 2014, the suspended sentence became final and conclusive and the final judgment became final and conclusive, and the execution of the final sentence was completed in the previous prison on July 13, 2015.

On September 28, 2015, the Defendant is taking care of the D convenience store located in C at the female city around September 21, 2015.

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