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(영문) 서울북부지방법원 2017.04.27 2016노2496
공연음란
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the order to complete a sexual assault treatment program for 4 months and 40 hours) is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

Considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, family relation, etc., such as the fact that the Defendant recognized the instant crime, and the fact that the equity should be considered at the same time with the case where the judgment of the lower court becomes final and conclusive, etc., and the instant crime is disadvantageous to the Defendant, such as the fact that the Defendant committed obscene acts while the juveniles report, etc., as well as other circumstances that are the conditions for sentencing indicated in the record, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime was committed, the Defendant’s age, sexual conduct, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed unfair

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

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