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(영문) 서울동부지방법원 2019.06.20 2019노22
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (unfair punishment) of the lower court against the Defendant is unreasonable as it is too uneasible. (5 million won of fine and 40 hours of order to complete a sexual assault treatment program)

2. Considering the circumstances, such as the instant argument and the record of sentencing, namely, the form of and degree of damage to the instant crime, the Defendant’s criminal records, circumstances after the crime, and the Defendant’s receipt of a letter from the victim, the lower court’s sentencing appears to be reasonably determined by fully considering all the circumstances, including the multiple sentencing grounds asserted by the Prosecutor, and there are no special circumstances to the extent of ex post changing the sentencing. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

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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