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(영문) 수원지방법원 2017.05.11 2016노6449

공연음란

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that the crime of this case is committed on the road by the defendant who stops along the car driven by the victim while driving the window on the side of the driver's seat while driving the road, allowing the victim to see him/her by stopping on the side of the vehicle driven by the victim, leaving the panty and leaving the panty and leaving the spanty.

In light of the fact that an act of self-defense by hand was committed by means of knicking and shaking, and that there is no compensation for damage, etc., the sentence of the court below that sentenced a fine of 3,000,000 won and an order to complete a sexual assault treatment program program for 24 hours is too uneasible and unfair.

2. In full view of the circumstances alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the aforementioned assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.