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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.02.28 2013노4029
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. Determination

A. In full view of all the sentencing conditions in the pleadings of the instant case, including the Defendant’s character and behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances before and after the instant crime, the Defendant’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s above assertion is without merit.

B. When a prosecutor files an appeal against a prosecuted case regarding the part of the case for which the request for attachment order was filed, it is deemed that the prosecutor filed an appeal against the case for which the request for attachment order was filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, the prosecutor’s grounds of appeal or the petition of appeal regarding it are not stated in the prosecutor’s grounds of appeal or the petition of appeal

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.

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