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(영문) 수원지방법원 2018.04.05 2017노5498
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (the amount of a punishment of three million won and the completion of a sexual assault treatment program for forty hours) declared by the court below against the defendant is too uneased.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following circumstances, the circumstances in which a prosecutor claims the sentencing as unfair, have no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial court, and the circumstances in which the prosecutor claims the sentencing as unfair, are deemed to have already been reflected in the lower court’s sentencing grounds, but the nature of the offense is not good, in light of the background and method of the offense, but the degree of the offense is not significant, the Defendant appears to have committed against the lower court’s recognition of the offense, the fact that there is no history of the offense by the Defendant, and other circumstances that the Defendant did not have any influence on the Defendant’s age, sex, environment, motive, means and consequence of the offense, and the circumstances after the crime.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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