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(영문) 서울동부지방법원 2019.09.05 2019노654

공연음란

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (four months of imprisonment, suspension of execution, and order to attend a course) is too unhued and unreasonable;

2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the grounds for sentencing as alleged by the prosecutor, and there is no special circumstance to the extent that the sentencing will be changed ex post facto.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, the decision on whether to issue an employment restriction order pursuant to Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Welfare of Disabled Persons Act should be made. Since there are special circumstances under which the lower court may not issue an employment restriction order pursuant to the Welfare of Disabled Persons Act for the same reason as the lower court presented in the exemption of the employment restriction order, the Defendant shall be exempted from the employment restriction order pursuant to