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(영문) 수원지방법원 2019.05.10 2018노6975
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of probation, one hundred and twenty hours of community service order, and forty hours of an order to attend a sexual assault treatment lecture) is too uneased and unreasonable;

2. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the judgment of the original court. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing was too unhued and exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, according to Article 25 (1) of the Rules on Criminal Procedure, the part of the "1. Social Service Order" in the application of the law of the court below shall be corrected to "1. Social Service Order and Order to Attend".

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