공연음란
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Sexual assault against the defendant for 80 hours.
The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is unfair because it is too unfluent.
Judgment
The Defendant recognized the entire crime of this case and reflects his mistake, and the Defendant has continuously been under mental and medical treatment after the crime of this case, making efforts to improve his state, and his family members also actively assist in the treatment of the Defendant.
It is difficult to find the defendant with favorable conditions, such as the fact that the defendant is moving, etc.
However, the Defendant did not restrain his sexual impulses and opened a boomer in front of many and unspecified persons over five occasions, and does not take the sexual impulses into force.
In this way, the public performance is obscene and the crime is frighten.
Furthermore, the Defendant cannot be sentenced to punishment for committing the instant crime during the period of suspension of execution without being aware of the fact that he had been subject to punishment four times (two times the suspension of the execution of imprisonment with prison labor, and two times the fine) due to obscene crimes of public performance.
Although the defendant detained by the court below was released in the course of sentencing a fine and there was no change in the conditions of sentencing compared to the court below, it is not appropriate to sentence a fine even without considering the previous criminal record.
The sentence of a fine, not imprisonment, for the reason that it is impossible to repeat the crime during the period of probation, for the defendant who appears to be the defendant to be sentenced to a fine for the reason that it is impossible to repeat the period of probation, is dismissed from the purport of the suspended sentence system. Such
shall not be assessed.
In full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, including the above circumstances favorable or unfavorable to the defendant, the sentence imposed by the court below on the defendant is the case.