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(영문) 춘천지방법원 강릉지원 2014.04.29 2014노79

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 (including a fine of five million won, and completion of a sexual assault treatment program 40 hours) is too uneased and unreasonable.

2. The crime of this case was committed by the victim who is merely 17 years of age in the vicinity of the school and sees his sexual organ off, thereby causing the victim to feel a sense of sexual humiliation or aversion. The crime of this case was committed by the defendant during the suspension period of the execution of imprisonment with prison labor due to his previous criminal records.

However, in light of the fact that the defendant reflects and does not commit such crimes again, the defendant does not have the same criminal records, the possibility of recidivism, etc., the court below ordered the defendant to complete sexual assault treatment programs, and taking into account the following factors: the defendant's age, character and conduct, family environment, the situation before and after the crime, etc., the court below's punishment is too uneasible and unreasonable.

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