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(영문) 대전지방법원 2020.06.17 2019노1553
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is very poor in light of the content of the instant crime, and even though it appears that the victim’s sense of shame or mental impulse was very serious, efforts have not been made to recover the damage, the sentence of the court below is too unafford and unfair.

2. We examine the judgment, and consider the above circumstances asserted by the prosecutor in the court below as being sufficiently considered in determining the punishment. This is because the defendant, who has no criminal record exceeding the same kind of punishment or fine, has led to the confession of the crime in this case and reflects the mistake in depth, etc., the sentencing of the court below is too unhued and so it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion.

3. In this case, ex officio determination of an employment restriction order under the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) should be made by examining whether an employment restriction order is imposed on welfare facilities for persons with disabilities and the period of employment restriction pursuant to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11,

In light of such special circumstances as the court below exempted the defendant from an employment restriction order on child and juvenile-related institutions, etc., it is determined that there is no special reason to issue an employment restriction order on welfare facilities for disabled persons for the same reason. Thus, the defendant is exempted from an employment restriction order on welfare facilities for disabled persons pursuant to the proviso to Article 59-

( long as the defendant is exempted from the employment restriction order on the welfare facilities for the disabled, the judgment of the court below shall not be reversed on the ground thereof). 4. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is not reasonable

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