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(영문) 창원지방법원 2017.10.12 2017노2013
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the amount of three million won in punishment, the completion of sexual assault treatment programs for forty hours in 40 hours) is too uneased and unreasonable.

2. Although there are grounds for unfavorable sentencing, such as the following facts: (a) the defendant has the record of being sentenced to the suspension of indictment for the same kind of crime; (b) the accused has led to confession of the crime and has reached an agreement with the victim; and (c) the reason for favorable sentencing, such as the accused’s age, family relation, economic situation, background and motive leading to the crime; and (d) all other matters concerning the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate; and (c) there is no change of circumstances to be considered in the trial, the prosecutor’

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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