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(영문) 의정부지방법원 2018.05.14 2018노942

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (eight months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. The fact that the judgment defendant recognized each of the crimes of this case and reflected against the defendant is favorable to the defendant.

However, each of the crimes of this case appears to have been committed by the victims' severe mental impulses. Nevertheless, the victims did not receive a letter from the victims, and the defendants had been punished three times for the same kind of crime. In particular, each of the crimes of this case was committed during the trial due to obscenity as stated in the judgment of the court below, and all other circumstances, including the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., which are the conditions for the sentencing of this case as indicated in the records, are considered reasonable and too unreasonable. Thus, the above assertion by the defendant is without merit.

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