공연음란
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is reasonable to sentence a suspended sentence in order for the defendant to go on to the treatment with incompetence, and thus, the lower court’s sentence (4 million won) is unreasonable.
2. The judgment of the defendant committed the instant crime again during the period of suspended execution due to the same crime is disadvantageous to the defendant.
However, the Defendant’s confessions all of the instant crimes and seriously reflects on them, and the Defendant does not commit a second offense upon receiving a mental therapy.
The court below's sentencing is reasonable because it has been conducted within the reasonable scope of discretion, in full view of the following factors: (a) the fact that a long-standing flight life has been liquidated and is making efforts to live in good faith as a workplace; and (b) other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, sex, environment, and circumstances after the crime.
B. In the instant case in which only the Defendant appealed, the sentence heavier than that of the lower judgment cannot be imposed (Article 368 of the Criminal Procedure Act), and the Defendant’s above assertion is without merit.
3. In conclusion, 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 without merit. It is so decided as per Disposition.