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(영문) 울산지방법원 2020.10.30 2020노1003
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, 40 hours or more, orders to complete sexual assault treatment programs, and orders to restrict employment in welfare facilities for children and juveniles and welfare facilities for five years) imposed by the court below is too uneasy and unreasonable.

2. In light of the judgment, the crime of this case was committed against a female on the way and committing an indecent act and obscene act against a female on the way, and the nature of the crime is not very good. The defendant has the same punishment power, the defendant has committed the same kind of crime repeatedly in a short period of time, and is highly likely to be criticized, and the victim wanted to be punished by the defendant.

However, it appears that the defendant shows the attitude of recognizing his mistake and reflecting the defendant's mental disorder, and that the symptoms of the defendant's mental disorder act as a factor for the crime of this case, and that it cannot be seen that the defendant intended to commit the crime against the same victim, etc. are favorable to the defendant. In addition, in full view of all the sentencing conditions in the arguments of this case, including the defendant's family relation, age, character and behavior, environment, motive for the crime, and circumstances after the crime, the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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