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(영문) 대구지방법원 2016.08.12 2016노1986

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (4 months of imprisonment, 40 hours of order to complete the course) by the court below is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the fact that the defendant recognized the facts charged of this case and reflected against the defendant, that the defendant agreed with the victims by the agreement, that the defendant suffered from mental illness such as alcohol use, etc., and that the above mental illness appears to have caused the crime of this case. However, the crime of this case is not good because the defendant committed obscene acts such as exposing a sexual organ before the victim boarding the apartment elevator after fixing the female returning home to the late time for the crime of this case. The defendant was sentenced to suspended sentence once for the same public performance and one fine for the crime of obscenity, and in particular, the defendant was indicted for the same public performance and was sentenced to suspended sentence on September 15, 2015, and the defendant committed the crime of this case without being familiar with the victim's prior notice of suspended sentence on September 15, 2015, and there is no reason to recognize that the defendant's criminal act of this case was committed under excessive circumstances such as the defendant's environmental records and punishment.

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