공연음란등
The prosecutor's appeal is dismissed.
1. The sentenced by the court below to the summary of the grounds for appeal (eight months of imprisonment) is too unhued and unreasonable.
2. The crime of this case is found to have been committed by the Defendant with intentionally carrying a car number plate and stopping the vehicle in front of the victim after driving the vehicle, and by taking the sexual organ before the victim, and the illegality of the act is heavy.
In addition, the Defendant committed the instant crime during the period of repeated crime after serving as a criminal for the same kind of crime, and the record of punishment for the same crime reaches six times, and thus, the risk of recidivism is high.
Considering these points, the defendant's severe punishment is required.
However, there are the following favorable circumstances for the defendant.
The Defendant recognized all of the crimes of this case and reflected the mistake.
The Defendant, after having taken care of the same kind of crime, tried to receive a diagnosis of exposure to a hospital by himself, and to provide medical treatment, seems to have reached the crime of this case after having suspended medical treatment due to economic circumstances.
The defendant is in a position to support the livelihood of a natural parent who has been divorced from his spouse and two children.
After the calendar, the Defendant was working for a hospital as a driver, and was receiving a certain amount of income. In addition to the same criminal power, there are two relatively minor fines such as traffic accidents.
In full view of the above circumstances and other circumstances, comprehensively taking account of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentencing is deemed to be too unjustifiable and unreasonable.
The prosecutor's ground of appeal cannot be accepted.
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. It is so decided as per Disposition.