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(영문) 대전지방법원 2016.11.09 2016노1481
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The Defendant repeatedly committed the instant crime even though he/she had the record of having been sentenced to a fine due to the same criminal record, and the fact that the victim seems to have suffered mental pain due to the instant crime is disadvantageous to the Defendant.

However, in full view of the fact that the Defendant recognized the instant crime and made mistake against the Defendant, the mental and symptoms of the Defendant appears to have affected the Defendant’s crime, and there is no specific penalty power except for one fine prior to the instant crime, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and character, environment, etc., the lower court’s punishment is too unreasonable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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