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(영문) 의정부지방법원 2020.06.08 2020노520
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and light judgment (in cases of original judgment, a fine of up to 6 million won, completion of a sexual assault treatment program, 40 hours, and two years restricted on employment);

2. The prosecutor's argument that the defendant's liability is heavy in light of the fact that the defendant committed the crime again, and the victim's suspicion does not exist.

However, in full view of the circumstances determined by the lower court and the sentencing conditions under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable and it is not unreasonable by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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