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(영문) 인천지방법원 2018.06.01 2017노2893
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court acquitted the Defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by refusing to order sexual assault treatment programs, and convicted the remainder of the facts charged. Only the Prosecutor appealed on the grounds that the sentencing was unfair among the lower judgment.

Therefore, since the non-guilty portion of the defendant and the prosecutor who did not appeal is separated and determined by the expiration of the appeal period, the court shall decide only on the conviction portion among the judgment below.

2. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unhued and unreasonable.

3. In addition, even though the defendant was punished on 26 occasions, including a punishment without prison labor, he repeated the crime of the instant intangible type during the repeated crime period, and did not report the change of his actual place of residence even though he was convicted of forced indecent act and did not report the change of personal information; however, the defendant would not repeat the crime by failing to force the above crimes.

In addition, considering the various circumstances, such as the Defendant’s age, sex, environment, health conditions, motive, means and consequence of a crime, circumstances after a crime, equity in the case where a judgment becomes final and conclusive, etc., and the sentencing conditions specified in the records and pleadings of this case, the lower court’s punishment is too uneasy and is not unfair, so the Prosecutor’s assertion is without merit.

4. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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