(영문) 수원지방법원 2019.03.22 2018노5999



The prosecutor's appeal is dismissed.


1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, community service order, 120 hours of community service order, 80 hours of lecture attendance order for sexual assault treatment, and three years of employment restriction order to institutions related to children and juveniles, etc. for three years) is too unfeasible

2. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the judgment of the original court. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing was too unhued and exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the date and time No. 26 of the year shall be deleted, respectively, No. 141, 148, 152, 161, 162, and 167 in the list of crimes in the judgment of the court below, and the date and time No. 26 of the year shall be corrected to " August 19, 2016:08:56"