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(영문) 의정부지방법원 2021.02.04 2020노2711
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing based on the summary of the grounds for appeal (the imprisonment with prison labor for eight months, the completion of programs for treating sexual assault, 40 hours, and 3 years restricted on employment);

2. In light of the following circumstances: (a) the Defendant was punished once by a fine due to an indecent act by force under the same number of laws; (b) the Defendant again committed the instant crime despite having been punished once the suspension of the execution of imprisonment with prison labor; and (c) the Defendant was punished by imprisonment with prison labor; and (d) the Defendant was punished by imprisonment with prison labor; and (c) the Defendant’s confession; (d) the Defendant’s confession; (e) the Defendant did not have any criminal record

In full view of the circumstances revealed by the court below and other conditions of sentencing under Article 51 of the Criminal Act, the court below’s sentencing is acceptable and there is no unreasonable ground for defendant and prosecutor’s assertion.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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