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(영문) 창원지방법원 2018.01.25 2017노2821
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a 2-year suspended sentence for a year of imprisonment, observation of protection, instruction of sexual assault treatment for 40-hours, confiscation) is deemed to be too uneasy and unreasonable.

2. The judgment follows the following facts: (a) the Defendant recognized his mistake and reflects his mistake; (b) the primary offender was the age of majority at the time of the commission of the crime; (c) the deposit of KRW 2 million for the victim at the trial is more favorable; (d) the content and the method of the instant crime is inadequate; and (e) the non-agreement with the victim is disadvantageous.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

3. As such, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it has no reason to file an appeal. It is so decided as per Disposition by the court below [The court below’s judgment that did not consider that the period of registration of personal information under Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration of new information, is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant has a duty to submit personal information to the competent agency pursuant to Article 43 of the same Act. In full view of the statutory penalty, crime quality, criminal punishment, and aggravated punishment of each of the crimes of this case, the court below’s judgment that did not consider that there exist any circumstances setting

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