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(영문) 울산지방법원 2020.04.02 2019노1274

공연음란

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. In the first instance of the judgment, the defendant recognized the crime and took an attitude against the defendant, and the witness of the case prepared a written agreement that the defendant was not punished.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting a crime and evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination of punishment by taking into account the grounds for reversal of sentencing under the main sentence of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order and all the conditions of sentencing indicated in