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(영문) 대전지방법원 2016.05.04 2015노3380
공연음란
Text

The prosecutor's appeal is dismissed.

The judgment below

Of the “order” column, the Defendant is 40 hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is unreasonable as it is too uneasible.

2. The judgment of the defendant caused sexual humiliation to female students who observed the crime of this case through the crime of this case and obstructed the sound sexual morality concept, and the defendant's forced indecent act with the purport of spreading the minors' bucks, and the crime of intrusion into residence committed for the purpose of stealing the method of larceny, etc., which had two times the records of criminal punishment are disadvantageous to the defendant.

On the other hand, the defendant seems to have committed the crime of this case against himself when it comes to the trial, and the crime of this case is deemed to have parked along the road side and committed self-defense in the vehicle. The place where the defendant parked on the road side and committed the act of self-defense in the vehicle, and the place where the obscene act was committed is not so significant as to be performed inside the vehicle, and the defendant has the record of two-time crimes as above, which is favorable to the defendant. This is all punished by a fine and has no criminal record

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is rejected.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

However, the order of the judgment of the court below is to order the defendant to complete a sexual assault treatment program for 40 hours.

“To order the Defendant to take lectures to treat sexual assault for 40 hours.”

Inasmuch as it is obvious that it is a clerical error, it is corrected to correct that it is modified in accordance with Article 25 of the Regulations on Criminal Procedure.

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