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(영문) 수원지방법원 2016.07.21 2016노2473

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Although the Defendant was in a state of mental and physical weakness due to shock disorder at the time of committing the instant crime, the lower court erred by misapprehending this.

B. The fact that the criminal defendant's error in sentencing is recognized and reflected, and that the criminal defendant does not repeat by receiving treatment on the shock disorder.

In light of the fact that the court below's punishment is too unfair because the court below's order to complete a sexual assault treatment program program program for 80 hours in June of imprisonment is too unreasonable, in light of the fact that the waste is separated and managed on the water, the 1.5 million won per month, the income of the 1.5 million won per month, and the health status is not good.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mental disorder, the background, means and method of each of the crimes of this case, the defendant's behavior before and after each of the crimes of this case, and the circumstances after each of the crimes of this case, it may be recognized that the defendant had sexual preference and exposure symptoms at the time of each of the crimes of this case, but this is not a mental state, and thus, has weak ability to discern things or make decisions.

shall not be deemed to exist.

Therefore, the judgment of the court below that did not apply Article 10(2) of the Criminal Act to the defendant is erroneous and adversely affected the conclusion of the judgment by violating the statutes on the grounds for statutory exemption

Therefore, the above argument cannot be accepted.

B. On February 23, 199, the Defendant was sentenced to a suspended sentence of two years, a probation order of protection observation order and an order to attend a lecture in August of imprisonment with prison labor for the purpose of a public performance and obscene crime at the Suwon Friwon, and on August 30, 199, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime at the same court on August 30, 199, and on June 23, 2006, a suspended sentence of two years and a probation order and an order to provide community service order for six months of imprisonment with prison labor for the same crime.