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(영문) 수원지방법원 2016.05.12 2015노3405
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that the crime of this case was committed by the defendant who invaded another's residence several times and stolen the clothes of the victimized female and takes the form of the damaged female's clothes in the shape of humpinging or the humping of clothes, etc., without any awareness of the crime, and thus, the risk of repeating the crime is high, and the victims have not been compensated for any damage. In light of the above, the court below's decision that sentenced the order to attend the course of sexual assault treatment for 2 years of suspended execution in August and 1 year, and the order to attend the course of sexual assault treatment for 40 hours is too unreasonable.

2. In light of all the circumstances alleged in the grounds of appeal, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstances before and after the crime in this case, the lower court’s punishment is too uneasy and is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, since the Defendant was a student in the third grade of high school at the time of the crime in this case, there was no history of criminal punishment, deleted and distributed video images and photographs taken by the victimized women, and did not spread them. In addition, 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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