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(영문) 수원지방법원 2014.07.10 2014노974

공연음란

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s sentencing (a fine of 1.5 million won) is too unreasonable.

However, there is a favorable condition for the defendant, such as the fact that the defendant has no criminal record for the same kind of crime, that E (48 years of age, women) expresses the defendant's desire to take the action against the defendant.

However, the crime of this case was committed openly by stating that the defendant was able to see the sexual organ by hand while the defendant was reported by D, E, etc. on the street, and that "I see as soon as possible", and the nature of the crime is not good in light of the contents of the crime.

Considering the fact that the lower court sentenced a sentence that has been mitigated than the fine amount of the summary order (3 million won), the sentencing sentence in similar cases, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, etc., the lower court’s sentencing is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.