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(영문) 수원지방법원 2019.03.22 2018노6377
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the fine of eight million won, the order to complete a sexual assault treatment program 40 hours, and the order of employment restriction on children and juveniles-related institutions) 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, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the part of the lower judgment’s employment restriction order in the application of the law is “former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018).” Article 45(1)3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” in the part of the duty to register and submit personal information is amended to “Article 45(1)4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,” respectively.

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