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(영문) 창원지방법원 2017.03.16 2016노1147

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in prison for ten months, forty hours of lectures for sexual assault treatment, and eight hours of community service) is too uneasy and unreasonable.

2. Determination

A. We examine the prosecutor's assertion on the prosecutor's assertion, the defendant's past records of punishment as suspended execution are two times, the crime is not good, and the crime is committed against the victim C, and the fact that the victim agreed with the victim C is favorable sentencing grounds.

In addition, considering the economic situation of the defendant, the background and motive leading up to the crime, the records of this case, and all other matters concerning the sentencing as shown in the theory of changes, the judgment below's punishment is deemed appropriate, and the prosecutor's assertion is without merit.

B. In full view of the statutory punishment, the nature of the crime, the circumstances leading to the aggravation of concurrent crimes, etc. of each of the instant crimes, which ex officio determination on the period of registering personal information, the instant case does not seem to have any circumstance to determine the period of registering personal information more than the period according to the sentence sentenced pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment of Sexual Crimes

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