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(영문) 울산지방법원 2017.08.18 2017노671

공연음란

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is too unreasonable that the sentence (6 months of imprisonment, 80 hours of order to complete the course) imposed by the court below is too unreasonable.

2. The following are the circumstances: (a) the Defendant appears to have committed a crime that reflects his/her mistake while recognizing the crime; (b) the number of criminal acts appears to have not been active; (c) the Defendant committed the instant crime without being aware of the circumstances favorable to the Defendant; (d) the Defendant committed the instant crime without being aware of the suspension period of execution due to the same kind of crime; and (e) the witness appears to have suffered considerable mental impulses due to the Defendant’s criminal act; and (e) the fact that the formation

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s 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.