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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.05.19 2015노5770
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair sentencing) is as follows: (a) the crime of this case is committed in the village bus in light of the following: (b) the Defendant committed an indecent act against the above victim by putting his sexual organ on the part of the victim G, who is a high school student, on the part of his arms; (c) the apartment management office attached the stairs adjacent to the apartment management office, and openly obscene act by openly exposing the sexual organ before viewing the elementary school students; and (d) the victims want to punish the defendant; (b) the sentence of the court below that sentenced the order to suspend the execution for 2 years, observe the protection, and attend the lecture for treating sexual assault for 40 hours is unreasonable.

2. In light of all of the circumstances alleged in the grounds of appeal, including the fact that the defendant recognized the mistake and speaks against the defendant, that the defendant is receiving a mental treatment, that there is no same criminal history, that the victim G in an indecent act in the densely concentrated place expressed his/her intention that he/she does not want to be punished by the defendant, and that the defendant's age, sexual conduct, environment, motive and circumstance of the crime, etc., and all of the conditions of sentencing as stipulated in Article 51 of the Criminal Act as stated in the records and arguments, the court below's punishment is too uneasible and unfair even if considering the circumstances alleged in the grounds of appeal, so the above 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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