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(영문) 서울북부지방법원 2017.04.27 2016노2725

공연음란

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (5 million won in penalty, 40 hours in total, and 50 hours in total) imposed by the court below on the defendant is too unfasible.

2. The judgment of this case is that the defendant committed an obscene act in the vicinity of a female middle school and the liability of the defendant was not less severe. However, on the other hand, considering the circumstances favorable to the defendant, such as the defendant's acknowledgement of the crime of this case and the fact that the defendant has no record of being punished for the same kind of crime, the motive and circumstance leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed as unfair because it is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.