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(영문) 제주지방법원 2017.05.18 2017노164
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, forty hours of order to complete a program for the treatment of sexual assault, ten years of registration of personal information) is too uneasy and unreasonable.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, requires respect for the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant either received the victim E from the victim or did not reach an agreement with the said victim, and the Defendant has the power to have been subject to several criminal punishment for violent crimes, but the lower court appears to have determined the Defendant’s punishment differently, and there was no change in circumstances to be considered in sentencing after the sentence of the lower court, and the Defendant did not have the power to have been punished for sexual crimes prior to each of the crimes of this case, and the Defendant did not have any history to have been punished prior to each of the crimes of this case. In full view of all the records and circumstances revealed in the trial process, such as the Defendant’s age, sex, environment, motive and method of each of each of the instant crime, method and method.

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.

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