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(영문) 대전지방법원 2016.12.21 2016노2003

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of five million won, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. It is reasonable to impose severe punishment on the Defendant according to the following circumstances: even though the Defendant is deemed to have had had a record of being punished several times for sexual assault crimes; the Defendant has been punished for the same kind of crime; the Defendant committed the instant crime against the minor; the minor appears to have caused a considerable sense of sexual humiliation; and the minor did not agree with the victims.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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