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(영문) 서울북부지방법원 2016.06.09 2016노614

공연음란

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one million won in penalty) is too unhued and unfair.

2. In light of the mental shock, etc. that female students received as a result of the instant crime, the liability for the instant crime is not against the Defendant, but against the Defendant’s recognition of the instant crime, the Defendant has no criminal record, the Defendant’s intellectual disability, and other various circumstances, such as the motive and background leading up to the instant crime, the means and method of the crime, the Defendant’s age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed to be unfair because it is too unfasible.

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.