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(영문) 수원지방법원 2017.06.22 2016노6957
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. The appellant against the defendant's appeal shall submit a statement of reasons for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and in cases where the reason for appeal is not submitted within that period, the appellate court shall dismiss the appeal by decision, unless there is any reason to ex officio examination, or the reason for appeal is specified in the petition of appeal (Article 361-4(1) of the same Act). The defendant is not required to submit a statement of reason for appeal within the period for submission of due reason for appeal, and the petition of appeal does not include the reason for ex officio examination of the appeal, and no reason exists even if the records are examined.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (unfair sentencing) is that the Defendant committed an indecent act against the victim on the part of the subway trains, which led to the Defendant’s indecent act on the part of the victim, in light of the fact that the Defendant did not reflect the mistake, and that the Defendant did not compensate for the damage, the lower court’s sentence ordering the Defendant to complete the sexual assault treatment program for three months and forty hours is too uneasible.

B. In full view of the following facts: (a) the Defendant has no record of criminal punishment for the same crime; (b) the Defendant’s age, sex, environment, motive and background of the crime; (c) the degree of damage; and (d) the circumstances of all the sentencing as indicated in the present case’s records and arguments, including the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and thus

3. The appeal by the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit. The appeal by the defendant shall be dismissed in accordance with a decision under Article 361-4(1) of the Criminal Procedure Act, or the appeal by the defendant shall also be dismissed inasmuch as the above decision is rendered against the prosecutor’s appeal.

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