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(영문) 서울중앙지방법원 2020.08.14 2020노1584
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below (two months of imprisonment, forty hours of order to complete a sexual assault treatment program, five years of employment restriction order) is too uneased.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court because new sentencing materials have not been submitted in the trial, and in full view of all the sentencing conditions of the Defendant, including the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, etc., it cannot be deemed that the lower court’s sentence is too weak.

3. The prosecutor's appeal of conclusion is dismissed on the grounds of appeal.

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