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(영문) 광주지방법원 2016.11.30 2016노1417
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, probation, and lecture attendance order for sexual assault treatment for 80 hours of imprisonment) declared by the court below is too unfasible and unreasonable.

2. The crime of this case is not very good, and the defendant committed the crime of this case, even though he had been sentenced three times or imprisonment with prison labor for the same kind of crime in the past, and the defendant did not agree with the victim or take any measures to recover damage until the trial is in progress.

On the other hand, the defendant's mistake is properly recognized and reflected, and there is no record of punishment after 201.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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