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(영문) 창원지방법원 2017.08.31 2017노1526
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the lower judgment (one year and two months of imprisonment, and forty hours of completion of sexual assault treatment programs), the defendant is too unreasonable, and the prosecutor is too unfasible and unfair.

2. In light of the judgment, the defendant's mistake is recognized and reflected, the point that the defendant is faced with intellectual disability 2 is more favorable, and the defendant has been sentenced to imprisonment and fines several times due to the same type of crime, the execution of imprisonment with labor has been completed, and each of the crimes of this case has been committed during the period of repeated crime, and the victim has committed an indecent act against the victim requesting payment of the drinking value, and the victim's injury has not been recovered.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (if a crime of forced indecent act committed in the judgment below, which is a sex offense subject to registration of new information, becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act, taking into account the statutory punishment, the nature of the crime, the circumstances leading to the aggravation of concurrent crimes, etc. of each of the crimes in this case, the judgment of the court below that did not regard the period of registration of personal information under Article 45(4) of the

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