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(영문) 부산지방법원 2017.04.21 2016노4394
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant committed the instant crime even though he/she had been punished by a fine due to the same kind of crime, and that it appears that the Defendant appeared to have been sexual humiliation and fear of sexual humiliation that observed the Defendant’s obscene act.

However, in full view of the fact that the lower court’s punishment is recognized and reflected in the crime, and that there is no previous conviction exceeding the fine, the general amount of punishment in the same and similar cases as the favorable circumstances, such as the balance of the punishment of the Defendant, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the sentence of the lower court is too un

Therefore, the prosecutor's above argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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