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(영문) 울산지방법원 2017.10.27 2017노1091

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (4 months of imprisonment and 40 hours of completion of sexual assault treatment programs) against the Defendant on the summary of the grounds for appeal is too unreasonable.

2. According to the judgment, the Defendant appears to have committed a contingent crime without giving a net impulse, and the time when the Defendant committed a self-defensive act while being committed according to the victim has not been limited to time, and the Defendant was subject to pharmacologic treatment due to symptoms such as activity, failure of caution, and depression, etc., and the instant crime was partly caused by the Defendant’s failure to control sexual impulse.

It appears that the defendant does not have the same criminal record, and the defendant shows the attitude of recognizing and reflecting his fault, and that the branch and his family want the defendant's wife, and that the principle of equity should be taken into account when the judgment is rendered simultaneously with the final and conclusive judgment entered in the facts of crime in the judgment of the court below.

However, the crime of this case is committed against a specific female who does not have awareness of being the object of the crime, and the above female is able to see the inside of the vehicle. The above female, who is in the actual victim's status, she gets a considerable sexual humiliation and mental suffering. The above female, who was under the victim's status, seems to have suffered considerable sexual humiliation and mental suffering. The defendant committed the crime of this case without being aware of it, and there is an unfavorable circumstance against the defendant, such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., taking into account all the sentencing conditions as shown in the argument of this case, such as the defendant's wife's birth, after being sentenced to the judgment of the court below, and whether the defendant's wife is faced with birth, the court below's punishment is within a reasonable and appropriate scope.