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(영문) 수원지방법원 2017.07.06 2016노8495
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the fact that the defendant had been subject to a disposition of suspending indictment for the same kind of crime, and that the compensation for damages has not been made, the court below’s sentence ordering a fine of KRW 3,000,000 and an order to complete a sexual assault treatment program for 40 hours is too uneasible and unfair.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the 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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