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(영문) 창원지방법원 2017.08.24 2017노994
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service for eight hours, and the attendance of sexual assault treatment programs for forty hours) is too uneasy and unreasonable.

2. Although there are grounds for unfavorable sentencing, such as the following facts: (a) the degree of injury to the victim of the crime of injury is not easy; (b) the punishment of the court below is imposed six times a fine for violent crimes; and (c) there are many previous convictions; and (d) the defendant does not agree with the victim of the crime of indecent act; (b) the court below made an agreement with the victim of the crime of indecent act; (c) the favorable reasons for favorable sentencing; (d) the defendant’s age, family relation, economic situation; (d) the circumstances that may be considered in light of the degree of forced indecent act and circumstances; (e) the defendant’s age, family situation; (e) the background leading up to the crime of indecent act and motive leading to the crime; and (e) other matters concerning the sentencing as indicated in the records

3. In conclusion, the prosecutor’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and is so decided as per Disposition (i.e., the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the crime of indecent conduct in the judgment of the court below, which is a sex offense subject to registration of new information, becomes final and conclusive, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act. In full view of the statutory punishment, crime quality, criminal facts, and aggravated concurrent crimes, the court below’s decision that did not consider that there are circumstances to determine the period of registration of personal information under Article 45(4) of the same Act as a short-term period than the period according to the sentence sentenced to the sentence of punishment is justifiable. However, Article 247(1) of the Criminal Act “Article 257(1) of the Criminal Act” in the application of the law of the court below as to rectify ex officio pursuant to Article 25(1) of the Criminal Procedure Rule.

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