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(영문) 울산지방법원 2016.09.01 2016노920

공연음란등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, 24 hours of order) by the court below is too unreasonable.

2. The judgment of the defendant recognizes his mistake and reflects his fault, and the fact that all stolen damage were recovered is favorable to the defendant.

However, it is inevitable to punish the defendant for a considerable period of time in that he/she committed each of the crimes of this case during the period of repeated crimes of violation of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes.

In addition to these circumstances, comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the age, character, conduct and environment of the defendant, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.

However, pursuant to Article 25 of the Rules on Criminal Procedure, the court below’s judgment’s second 5th 5th 2nd “criminal facts” shall be corrected as “ May 31, 2005,” and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes” shall be added as “Article 329 of the Criminal Act” from among “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and “1...... of repeated crimes” shall be deleted, and “the proviso of Article 42” shall be deleted, and “the order to complete education” shall be corrected as it adds “Article 16(2)” from among “the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”.