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(영문) 대구지방법원 2018.06.22 2017노4856
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (eight months of imprisonment, two years of suspended sentence, observation of protection, and 40 hours of order to complete a sexual assault treatment program) is too uneased.

2. It is recognized that the judgment defendant again committed the instant crime even though he/she had the record of punishment for the same kind of crime, and that female students who witness the instant crime seem to have suffered considerable sexual humiliation and mental impulse.

However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, and that the defendant has no criminal record.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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

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