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(영문) 서울동부지방법원 2017.05.25 2016노1242
강제추행
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have committed an indecent act against the victim.

2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The defendant alleged that the above facts were the same as the alleged facts in the court below's determination, and the court below rejected the above argument in detail, and in light of the evidence duly adopted and investigated by the court below, the judgment of the court below is legitimate. Thus, the defendant's assertion of mistake is without merit.

B. Examining all of the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, background and consequence of the instant crime, and the following circumstances, the lower court’s punishment is too heavy or unreasonable, and thus, it is deemed that the Defendant and the prosecutor’s aforementioned assertion are unreasonable, on the ground that the Defendant’s first instance court’s punishment is too excessive or too harsh, and thus, the Defendant and the prosecutor’s aforementioned assertion are without merit.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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