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(영문) 춘천지방법원 강릉지원 2020.06.04 2019노482
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 5 million won of fine and 40 hours of completion of sexual assault treatment programs) of the lower court is deemed to be too uneasible and unfair.

2. The defendant used his/her position to threaten the victim and forcedly commit an indecent act. This is not the good character of the crime.

The defendant was unable to reach an agreement with the victim.

On the other hand, the defendants recognize all their crimes and are against themselves.

There are no criminal records or criminal records exceeding fines against the defendant, and it seems that there have been no special errors in the past.

The defendant made efforts to recover from damage by depositing 5 million won for the victim in the first instance.

In addition, considering the various sentencing conditions shown in the records and arguments such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too uncomfortable and unfair.

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

Meanwhile, the Defendant becomes 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 with respect to the crime of indecent act by compulsion in the judgment of the court below regarding a sex offense subject to registration according to the judgment of the court below. In light of the contents of each of the instant crimes, etc., the instant case does not seem to have any circumstance to set the period of registration of personal information more short-term period than the period prescribed in Article 45(1) according to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

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