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(영문) 창원지방법원 2018.05.31 2018노438
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the grounds for appeal by the defendant and the prosecutor, the punishment imposed on the defendant shall be appropriate in comprehensive consideration of the circumstances favorable or unfavorable to the defendant as stated in its holding, and it shall not be deemed too heavy as alleged by the defendant, or too minor punishment as alleged by the prosecutor.

B. In light of the details of the crime of compulsory indecent act, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) committed in the ex officio review and decision on the period of registering personal information, and the degree of damage suffered by the victim due to the said crime, the reasons considered in sentencing and the details of aggravation of concurrent crimes, etc., the lower court does not seem to have any circumstance to set the period of registering personal information more short than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning

3. In conclusion, each appeal filed by the Defendant and the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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