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(영문) 서울남부지방법원 2020.05.12 2018노1757
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The statements made by the defendant (the fact-finding person) are based on the non-conformity and the abstract side, and cannot be believed because they are partially inconsistent with the statements made by the witness E, and the defendant did not commit indecent act by force.

(b) A public prosecutor (unfairness) lower court: A fine of 5 million won, 40 thousand won, 1 year, and 1 year, and an employment restriction order;

2. Determination

A. Although the lower court denied the fact of indecent act by compulsion by asserting the same purport as the grounds for appeal in this case, the lower court, on the other hand, acknowledged the facts of indecent act by compulsion by compulsion by compulsion by compulsion by the Defendant on the ground that the victim’s statement may be believed and the change of the Defendant’s lawsuit is difficult to believe, by stating in detail the

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

B. Although there are no special criminal records on the prosecutor’s assertion of unfair sentencing in the instant case without regard to the prosecutor’s assertion of unfair sentencing, there is no favorable circumstance for the defendant to be considered in the instant case, the degree of the indecent act by deceiving the victim’s chest who is self-employed, and even if there is no color that the criminal act is divided, and no effort is made to agree with or receive a letter from the victim.

In full view of the aforementioned circumstances, comprehensively considering the circumstances revealed in the instant pleadings, such as the circumstances after committing the crime, the character and conduct, and the environment of the Defendant, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.

Although there is no reason to appeal by the defendant, the decision of the court below is reversed by accepting the prosecutor's appeal.

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