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(영문) 서울동부지방법원 2020.05.14 2019노1512
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and orders to complete sexual assault treatment programs) is too unhued and unreasonable.

2. The instant crime committed by the Defendant is an unfavorable circumstance to the Defendant, inasmuch as the victim, who was walking along the way of the Defendant, was her ket with the victim’s ket, and the nature of the crime was bad, and the Defendant did not reach an agreement with the victim.

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, and that there is no record of punishment for the same crime, etc. are favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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

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