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(영문) 창원지방법원 2020.04.21 2019노2161
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court (two months of imprisonment, two years of suspended sentence, 40 hours of order to complete sexual assault treatment programs, three years of employment restriction orders) is too unfasible.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no particular change in the sentencing conditions compared to the lower court’s judgment, and even if the grounds for sentencing specified in the instant records and pleadings are considered again, the lower court’s sentence is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of 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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