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(영문) 서울서부지방법원 2017.11.09 2017노1075

공연음란

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The Defendant has a large number of punishment and the Defendant committed the instant crime during the period of repeated crime is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is in depth against the Defendant, and there is no record of punishment for the same kind of crime; (b) the patient’s family should be taken care of the patient; and (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) the background leading to the instant crime; (b) the method and method of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment granting one opportunity is too uneasible and unreasonable; and (d) thus,

3. In conclusion, the prosecutor's appeal of this case is dismissed. It is so decided as per Disposition.