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(영문) 제주지방법원 2021.01.21 2020노256
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed for the following reasons: (a) the Defendant appealed for the following reasons: (b) the Defendant committed the instant crime without being aware of the fact that the Defendant had committed the instant crime even during the period of trial for the same kind of crime; (c) the victim appears to have suffered considerable mental pain and sexual humiliation due to the instant case; and (d) up to now, considering the fact that the Defendant did not receive a letter from the injured party; (c) the Defendant’s health condition, and repeatedness of the crime, the continuous observation, education, and treatment, rather than once punishment, rather than once punishment such as fine, are more effective to prevent the recidivism of the Defendant, taking into account all the overall circumstances asserted by the Defendant, it is not recognized that the Defendant’s punishment imposed by the lower court is unfair because it is too unreasonable because the sentence imposed by the Defendant, based on the reasons indicated in its reasoning, is too unreasonable.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "Article 62-2 of the Criminal Act" in the last sentence of Article 3 of the sentence of the judgment below shall be corrected to "the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes".

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