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(영문) 광주지방법원 2016.01.13 2015노1701

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 (4 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. In light of the circumstances favorable to the defendant, including the fact that the defendant was punished for a fine due to obscenity in 2007 and 2014, but on the other hand, the defendant recognized his mistake and reflects the defendant, the fact that the defendant appears to have committed a contingent crime under drinking, and that he did not repeat again, such as giving counseling with a psychiatrist, etc. after the crime of this case, the circumstances favorable to the defendant, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the prosecutor's above assertion is not reasonable, on the grounds that the court below's punishment is too uneasible and unfair.

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.