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(영문) 울산지방법원 2016.11.11 2016노1462
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The suspended sentence of KRW 3,00,000 (the suspended sentence of KRW 3,00,000) declared by the lower court is too unhued and unreasonable.

2. The crime of this case was committed against the Defendant, on the following grounds: (a) the Defendant exceeded all clothes within a bath male bath room, returned to his corridor; and (b) openly obscenity was committed, such as going back to the escape room of a female with an unspecified number of women in its entirety; and (c) the nature of the crime was inferior in light of the Criminal Procedure Act, etc.; and (d) the other women who witness the crime of this case seem to have suffered considerable mental shock; and (b) the fact that the other women who witness the crime of this case appears to have suffered considerable mental

However, in light of the fact that the defendant recognized all of the crimes in this case and made a statement to the purport that "the defendant committed the crime in this case in a somewhat contingent and contingent manner, the defendant seems to have committed the crime in this case due to drinking, the female who observed the defendant who returned to the breath state did not harm women in the bath at the time of this case," and that "the defendant found the toilet because the toilet was not available, and entered the zone where the lost women are located," it is difficult to deem that the defendant had a significant sexual purpose at the time of the crime in this case, it is difficult to deem that the defendant had a significant sexual purpose; that the defendant is a youth of 22 years old who still has the possibility of edification and improvement; that the defendant has no criminal history other than punishment once due to assault; and that there is no other force other than punishment on the defendant; considering the circumstances favorable to the defendant and other conditions of punishment as shown in the arguments in this case such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime before and after the crime, it is unreasonable.

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

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