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(영문) 울산지방법원 2018.01.18 2017노1466

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect all the crimes of this case.

The defendant is relatively minor, and only three times before and after a minor fine is imposed.

The defendant supports his wife and her her son, and the defendant's her son suffering from dysia is not good.

D. Unfavorable circumstances: The crime of this case is committed in the manner that the Defendant gets out of the way to ask her about the way after the Defendant gets off the way on the vehicle.

The nature of the crime is very poor because it has publicly conducted obscene acts four times, such as self-defense, etc.

Even after being investigated, the Defendant committed the crime of the 2017 Highest 3400 case, and repeatedly committed the crime of the 2017 Highest 3594 case.

The sentencing guidelines are not set for obscene crimes of the Defendant’s age, character and behavior environment, motive and means of crime, circumstances after the crime, etc., including the above favorable circumstances, unfavorable circumstances, etc., and all kinds of sentencing conditions, which are recorded in the arguments and records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

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 without merit.