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(영문) 수원지방법원 2017.07.13 2016노8975
공연음란등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is as follows: the defendant has reported E from the corridor of the commercial building in order to let the defendant get off and spread E;

E, from the main point of view, he shall do his act of self-defense, and shall see E in accordance with E and the side table, and shall open a shot and take the shot.

In light of the fact that the crime was committed openly by committing an obscene act by committing a self-defense, etc., the sentence of the court below that sentenced fines of 2,000,000 won and orders to complete a sexual assault treatment program for 24 hours is too uneasible and unfair.

2. In full view of the circumstances alleged in the grounds of appeal, including the fact that the Defendant recognized a mistake and reflects it, the fact that there is no record of criminal punishment except a fine of KRW 1,00,000 due to driving under drinking in 207, and that E expresses his/her intent not to be punished, and other conditions of all sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, criminal conduct, environment, motive and background of the crime, degree of damage, degree of damage, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable, so the above assertion is groundless.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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