공연음란
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant, who was punished for the same crime as this case, committed the crime of this case at another time, thereby sustaining the risk of repeating a crime, and considering the mental impulse of D resulting therefrom, the lower court’s punishment (two months of imprisonment, order to complete a program, and order to restrict employment) is too uneasible and unfair.
2. We examine the judgment, and examine the above circumstances alleged by the prosecutor in the judgment of the court below, and take account of the following factors: (a) the defendant, who led to the confession of the crime of this case, reflects his mistake in depth, and is not subject to the punishment of the defendant under the agreement with the above D; and (b) there are various factors for sentencing revealed in the course of the argument of this case, such as the fact that the sentencing of the court below is too unfeasible and goes beyond the reasonable scope of its discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.