beta
Text
The prosecutor's appeal is dismissed.
Reasons
The sentence (one year of suspended execution, one year of protection observation) imposed by the court below on the summary of the grounds for appeal (one year of suspended execution in the period of imprisonment for four months) is too unhued and unfair
Judgment
The criminal liability of the defendant is not easy because the defendant had been punished several times due to the obscene crime of public performance, but did not suppress his sexual impulses even though he had been punished several times, and collected his hands on the road where many and unspecified people have come to know about his sexual impulses and performed a public performance and obscenity.
However, under the influence of alcohol, the Defendant appears to have committed the instant crime, and the form of the instant crime and the degree of damage are relatively heavy.
The Defendant recognized the instant crime from an investigative agency to reflect in depth his or her mistake, and is making efforts to improve his or her state by continuously receiving mental and medical treatment after the instant crime was committed.
In full view of the elements of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, family environment, family relationship, and circumstances after the crime, it seems more reasonable to give the Defendant an opportunity to renew as a member of society only once more. As such, the punishment imposed by the lower court is too unfortunate and unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. As the prosecutor’s appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the phrase “the completion” of the judgment of the court below, which reduces the scope of the order of the court below, is clearly a clerical error in the “1. Order” and the “1. Order of completion” which reduces the applicable column of the statutes, and thus, it is obvious that it is a clerical error in the “1.