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(영문) 수원지방법원 2019.03.22 2018노6379
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (a fine of KRW 10 million, 40 hours after an order to complete a sexual assault treatment program, and one year after an employment restriction order issued by a child or a juvenile-related institution) is too uneasible 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 Rules on Criminal Procedure, “the choice of imprisonment” and “the choice of punishment” in the part of the decision of the court below concerning criminal facts in the application of the law of the court below shall be construed as “each fine,” and the part of the employment restriction order shall be construed as “the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)” and “the victim” of the first sentence among the reasons for sentencing shall

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