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(영문) 광주지방법원 2013.03.27 2013노83
공연음란
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is unreasonable because the sentence of the court below that sentenced a fine of two million won is too unfeasible in light of the following: (a) the Defendant committed the instant crime during the period of suspension of execution after having been sentenced to a suspended sentence due to the crime of indecent act by compulsion; (b) the Defendant had the same criminal record and several criminal records; and (c)

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and environment, which are conditions for sentencing, including the elements of sentencing favorable to the Defendant, such as the fact that the Defendant reflects the instant crime, and the Defendant’s physical disability in the third degree of mental body, etc., as well as the factors of sentencing favorable to the Defendant, etc., the lower court’s punishment cannot be deemed to be unfair even if considering the circumstances alleged in the grounds of appeal in light of the circumstances asserted in the grounds of appeal. Thus, the aforementioned assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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