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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2014.05.15 2014노181
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of three million won and an order to complete sexual assault treatment programs 40 hours) imposed by the court below against the defendant is too unfasible.

2. The crime of this case in light of the following circumstances: (a) the Defendant intrudes on public toilets for the purpose of meeting the sexual desire, and peeped the victim; (b) the nature of the crime is not less severe; (c) the Defendant was punished by a fine for the crime of indecent act by force against juveniles of the same kind in the same criminal around 2007; (d) the Defendant was under a disadvantage to the Defendant; (c) the Defendant was aware of the mistake and is in depth; (d) the Defendant is expected to have the effect of preventing recidivism by taking into account the Defendant’s order to complete sexual assault treatment program 40 hours as well as performing the obligation to submit personal information imposed on the Defendant; and (e) other various circumstances, including the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the Defendant’s character and conduct, environment, occupation, and family relationship, etc

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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