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(영문) 서울중앙지방법원 2018.10.11 2018노1480

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,00,000, and orders to complete sexual assault treatment programs for 40 hours) is too unreasonable.

2. The Defendant is making efforts to stop drinking, such as realizing that drinking is the cause of the problem, attending a meeting of single-speaks, etc.

However, in light of the content and nature of the instant crime, completing sexual assault treatment programs, including the diagnosis and counseling of abnormal behavior and the prevention of recidivism, etc., is still judged necessary for the Defendant, and thus, it is difficult to deem that the attendance of a single-class meeting is difficult.

In addition, the circumstances based on which the Defendant alleged that the sentencing of the lower court was unfair were set out during the oral proceedings of the lower court, and the lower court determined the sentence by taking this into account.

In full view of all the sentencing conditions indicated in the record of the instant case, including the Defendant’s age, sex, family relation, motive and background of the offense, means and method of the offense, and circumstances after the offense, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.