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(영문) 수원지방법원 2016.09.29 2016노2612
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (unfair sentencing) of the instant crime, and the fact that the Defendant committed the instant crime even though he/she had received two summary orders due to the same type of crime, etc., it is unreasonable for the lower court to impose an order to attend the lecture for sexual assault treatment for two years and 80 hours during the period of imprisonment with prison labor for eight months.

2. In light of the facts alleged in the grounds for appeal, the lower court’s sentence is too unjustifiable and unreasonable, considering the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, such as the character and conduct, environment, and family relationship of the Defendant, where the Defendant recognized a mistake and reflects the fact that the Defendant was physically disabled persons of Grade III, and the mother of the Defendant was able to guide the Defendant in order to prevent the recurrence of harm, and the aforementioned argument is without merit.

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

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