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(영문) 의정부지방법원 2020.10.29 2019노3319

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in the case of an original trial, a fine of five million won, and 40 hours after completing a sexual assault treatment program);

2. The issue of the prosecutor’s cryptive, based on the judgment knife, the background and method of the crime, etc., is right.

However, in full view of the circumstances determined by the lower court and the sentencing conditions under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable and it is not unreasonable for the prosecutor to assert.

(On the other hand, while adopting a video file CD as evidence by the prosecutor, the court below erred in failing to examine evidence under Article 292-3 of the Criminal Procedure Act and Article 134-8(3) of the Regulation on Criminal Procedure, but there is no influence on the conclusion of the judgment, as it can be found guilty of facts charged even

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.