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(영문) 대전지방법원 2015.12.16 2015노2812

공연음란등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. The defendant's confession of the crime of this case and reflects his mistake is favorable to the defendant.

However, it seems that the victims who were aged due to the defendant's crime are likely to have suffered considerable mental impulses, the defendant has served one time of suspended sentence, one time of fine, one time of suspended sentence due to a sexual crime, three times of suspended sentence due to a sexual crime, one time of suspended sentence, three times of fine, one month after the suspended sentence has become final and conclusive, and the defendant committed each of the crimes of this case only one month after the suspended sentence has become final and conclusive, and the reason for disqualification for suspended sentence is disadvantageous to the defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., as well as all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not accepted.

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