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(영문) 서울서부지방법원 2016.09.22 2016노753

공연음란등

Text

The judgment below

On March 23, 2015, the part of the public performance and the violation of the Road Traffic Act (unlicensed Driving) in the judgment of the court is about obscenity.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Determination

A. In full view of the following circumstances as to the public performance and the part concerning the crime of violation of traffic laws (unlicensed driving) on March 23, 2015, and other various sentencing conditions as shown in the records and arguments, including the motive and background of each of the instant crimes, the circumstances before and after the commission of the crimes, the Defendant’s age, career, sexual behavior, environment, etc., the sentence against the Defendant on the part of the public performance and the crime of violation of traffic laws (unlicensed driving) on March 23, 2015, is somewhat unreasonable.

In contrast to the original judgment, the Defendant made a confession on the part of obscenity, and made it contrary to his mistake, contrary to the original judgment.

E, who had observed the Defendant’s obscene act, was in the first instance of the trial, and was in the first instance of the Defendant.

At the same time, the defendant's wife is the first place.

B. On July 18, 2015, taking into account the following circumstances as to the part of the crime of violation of traffic laws (unlicensed driving) on the road, and other various sentencing conditions as shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant’s career, sexual conduct, environment, etc., the lower court’s punishment on the part of the crime of violation of traffic laws (unlicensed driving) on July 18, 2015 in the judgment below cannot be deemed reasonable and unreasonable to the extent that it cannot escape from reversal.

The defendant has been sentenced to three times a fine due to a violation of road traffic laws, and one criminal punishment for suspended execution.

On July 18, 2015, the Defendant again committed a violation of the Road Traffic Act (unlicensed Driving) on July 18, 2015 during the period of suspension of execution due to a unlicensed driving.

3. As such, the Defendant’s appeal on the part of the public performance and the crime of violating the Traffic Act (unlicensed Driving) by March 23, 2015 as indicated in the judgment below is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the above part of the judgment below is reversed and it is again decided as follows, after pleading, and the judgment of the court below is made on July 18, 2015.