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(영문) 서울동부지방법원 2019.09.05 2019노697
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (a fine of 4 million won, and a program completion order for sexual assault treatment) against the Defendant on the grounds of appeal (unfair punishment) is too uneased and unreasonable.

2. In light of the reasoning of the instant judgment and the record of the sentencing, namely, the form of and degree of damage to the instant crime, the Defendant deposited KRW 500,00 for the victim on August 23, 2019, the Defendant’s criminal records, circumstances after the crime, the Defendant’s family relationship and environment, etc., the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various sentencing grounds asserted by the Prosecutor, and there are no special circumstances to the extent of changing the sentencing ex post facto, and thus, the Prosecutor’s assertion of unfair sentencing 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 ground that it is without merit.

[However, the determination of whether to issue an employment restriction order for welfare facilities for the disabled pursuant to Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Welfare of Disabled Persons Act should be made. The lower court determined that there are special circumstances that the Defendant may not issue an employment restriction order for welfare facilities for the disabled for the same reason as the reasons revealed while exempting the employment restriction order for children and juveniles-related institutions, etc.

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