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(영문) 부산지방법원 2019.07.12 2019노1004
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) is too unreasonable.

2. Determination

A. The lower court sentenced the Defendant to a fine of KRW 3 million, taking into account the unfavorable circumstances and favorable circumstances.

In full view of all the circumstances that serve as the condition for sentencing in this court, no such circumstance exists as it is deemed that the judgment of the court below exceeded the reasonable scope of its discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

In addition, considering the Defendant’s age, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate and too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

B. Determination of whether to issue an employment restriction order for welfare facilities for the disabled pursuant to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities should be made. It is determined that there is a special circumstance that the lower court should not issue an employment restriction order for welfare facilities for the disabled for the

Therefore, the defendant is exempted from the employment restriction order of the welfare facilities for the disabled pursuant to the proviso of Article 59-3(1) of the Welfare

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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