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(영문) 서울동부지방법원 2020.06.19 2019노1812
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, two years of suspended execution, 40 hours of taking sexual assault treatment programs, 200 hours of community service, and 3 years of employment restrictions for welfare facilities for children and juveniles, and 3 years of employment restrictions for welfare facilities for the disabled) is too unflu

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the reasons for sentencing asserted by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.

Therefore, prosecutor's assertion is without merit.

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

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the court below ex officio and corrected the "Article 2 of the Act on Welfare of Persons with Disabilities" to delete "Article 15904, Act No. 15904, Dec. 11, 2018" under the Act on Welfare of Persons with Disabilities.

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