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(영문) 광주지방법원 2017.10.11 2017노2077
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 million, and the amount of KRW 40 hours to complete the sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances that are unfavorable to the defendant, such as the consideration of the judgment, the victims, and the victims want to punish the defendant, and the defendant has no record of being punished for the same kind of crime are favorable to the defendant.

In addition, there is no change in the sentencing conditions compared to the court below. In full view of all the sentencing conditions in the records and arguments of this case, including the background, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the sentence of the court below is too heavy or it cannot be deemed unfair because it is too low. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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