logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.30 2018노2610
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in the case of original trial, a fine of three million won, 40 hours after completing sexual assault treatment programs, 3 years restricted on employment);

2. In the instant crime, it appears that the degree of the type of force used by the Defendant is not severe in the instant crime, and the Defendant has no specific criminal history in addition to the punishment sentenced to a fine for a crime of double-class, and the Defendant has a mental disorder of class 3, such as the lack of due diligence, excessive behavioral disorder, and bipolartic disorder, and the fact that such characteristic is likely to have influenced the instant crime is favorable to the Defendant.

Although the instant crime was committed repeatedly and there were some unfavorable circumstances, such as sexual contact with the sensitive body, etc., in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable, and it cannot be deemed unfair as it is too unreasonable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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.

arrow