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(영문) 수원지방법원 2017.07.13 2017노352
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the fact that the defendant had the history of having been sentenced to the suspension of indictment for the same kind of crime, and that the compensation for damages has not been made, the court below’s sentence that sentenced the defendant to the suspension of execution two years, observation of protection, and the order to attend the lecture for treatment of sexual assault for 40 hours is too uneased and unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that there is no history of criminal punishment, and there is no record of criminal punishment by observation of protection, etc. sentenced by the lower court to expect the effectiveness of re-offending prevention, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime, degree of damage, degree of damage, and circumstances after the crime. Therefore, the foregoing assertion is without merit.

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

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