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(영문) 수원지방법원 2017.09.07 2016노5398
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant made an obscene speech and behavior against the victim, and made a trace of his sexual organ, and the nature of the crime is extremely bad, the victim appears to have swornly made a sense of sexual humiliation and fear at the time of committing the crime, and the victim did not agree with or recover from damage.

However, in full view of the following factors: (a) the Defendant appears to have the attitude of recognizing and opposing the Defendant’s criminal act; (b) the Defendant did not have any specific criminal record, as well as having been punished once for a crime of this kind; and (c) the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, circumstances after the crime, etc., the lower court’s sentence is too uneasible and deemed unfair

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 appeal is without merit. It is so decided as per Disposition.

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