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(영문) 창원지방법원 2018.07.12 2018노328
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in punishment, and 120 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. It is recognized that the Defendant had the record of having been punished several times for the same kind of crime, in particular, the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime, and the fact that women who observed the instant crime seem to have caused considerable sexual humiliation.

However, it is also recognized that the defendant is against the recognition of the crime of this case and the defendant seems to be receiving the treatment in good faith to not repeat the crime of this case.

In addition, in full view of the various circumstances such as the character, conduct, environment, family relationship, motive and background of the crime, 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 court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible and unfair

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

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