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(영문) 대전지방법원 2015.04.01 2014노2602

공연음란등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Considering the facts that the Defendant recognized all of the instant crimes and reflected, the Defendant is receiving treatment due to depression, and the victim D and C agreed with the victim that the said victims did not want to be punished.

Meanwhile, the Defendant committed each of the crimes of this case under the influence of alcohol, including exposure to sexual organ and noise, solely on the ground that the victim D had prevented him from scaming in a restaurant, and committed assault to C and the victim H, which committed an act of disturbance, and on the ground that he prevented him from escape, the Defendant committed a very poor crime in light of the motive, method, etc. of the crime, such as gathering and accompanying the victim DNA head debt, and the Defendant’s criminal records were reached 12 times (two times of imprisonment without prison labor, ten times of fines), and the criminal records caused by a serious violent incident are five times, etc. that are disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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