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(영문) 대구지방법원 2014.07.03 2014노212

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2 million won of fine and 40 hours of completion of sexual assault treatment programs) declared by the court below is too unreasonable.

2. It is true that the judgment defendant did not have the record of punishment for the same kind of crime, and that he did not repeat the crime by reflecting the truth of the crime in depth.

However, the crime of this case committed an act of self-defense, such as finding many persons, including D and E, who are middle students before bus stops, stopping a vehicle that he/she driven at that place, and exposing a sexual organ over ten minutes after exposing the sexual organ at that place, by which the crime of this case was committed, and the nature of the crime is not easy in light of the background, place, method, object, etc. of the crime.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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.