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(영문) 부산지방법원 2019.07.12 2019노837
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair;

2. Determination

A. The lower court sentenced the Defendant to a punishment of 8 months of imprisonment and 2 years of suspended execution, taking into account the unfavorable circumstances and favorable circumstances.

In full view of all the circumstances that serve as the condition for sentencing in this court, no such circumstance exists as it is deemed that the judgment of the court below exceeded the reasonable scope of its discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

In addition, considering the Defendant’s age, environment, background and consequence of the crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too uneasible.

The prosecutor's assertion of unfair sentencing is without merit.

B. Determination of whether to issue an employment restriction order for welfare facilities for the disabled pursuant to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities should be made. It is determined that there is a special circumstance that the lower court should not issue an employment restriction order for welfare facilities for the disabled for the

Therefore, the defendant is exempted from the employment restriction order of the welfare facilities for the disabled pursuant to the proviso of Article 59-3(1) of the Welfare

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

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