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(영문) 대구지방법원 2014.12.18 2014노2396
공연음란
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the prosecutor (3 million won of a fine and 40 hours of completion of a sexual assault treatment program) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The instant crime is deemed to have committed obscene acts, such as: (a) the Defendant’s scambling of a female scam who had been mixed at night, and (b) the Defendant scam scams down about 30 seconds of the Defendant’s sexual organ, and scambling the Defendant’s sexual organ; and (c) the Defendant’s sexual organ was scambling, and the Defendant’s sexual organ was scam. In light of the motive and background of

The victim seems to have suffered considerable mental impulse due to the crime of this case.

However, the defendant is the first offender, and the defendant does not repeat the crime by reflecting his depth of the crime.

The mother of the defendant is in brain chronology, and he is being treated with chronology, and the defendant is faithfully working in the production plant of street lamps, and his mother is responsible for medical expenses.

In addition, in full view of the circumstances where the Defendant is still young at 25 years of age and where those who are well aware of the Defendant’s family environment are seeking the Defendant’s preference against the Defendant, and all of the sentencing conditions as shown in the records and arguments, such as the Defendant’s character, conduct and environment, etc., the sentence imposed by the lower court shall not be deemed to be appropriate, too weak or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and 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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