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(영문) 창원지방법원 2012.12.27 2012노2080

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. We examine the judgment. The defendant is found to have been convicted of a fine or a suspended sentence on several occasions due to the same kind of crime even if he/she was found to have been convicted of his/her mistake. On October 1, 2010, even though he/she was sentenced to a suspended sentence in August 9, 2010 and the judgment became final and conclusive on October 9, 2010, he/she again committed the same kind of crime during the suspended sentence period, and other circumstances, including the defendant's age, character and behavior, intelligence and environment, motive and background of the crime, method, method, and consequence of the crime, circumstances before and after the crime, and criminal records, etc., the defendant's allegation of unfair sentencing is not considered to be unfair since the sentence of the court below is too excessive. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case 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.