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(영문) 광주지방법원 2016.07.13 2015노3368
공연음란
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (2 million won in punishment, and 40 hours in completion of the sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition that the Defendant, from the investigative agency to the court of the court of the court below, properly recognized the Defendant’s mistake and reflects it, and the Defendant is an initial offender who has no previous criminal record.

On the other hand, the crime of this case is not very good, and the victim seems to have suffered a very large mental impulse due to the crime of this case, and the defendant failed to reach an agreement with the victim up to the trial and does not seem to have attempted to reach an agreement with the victim, and the defendant committed the crime of this case even though there are no special circumstances such as drinking or mental illness, etc., is disadvantageous circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too low, and thus, the above assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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