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(영문) 서울남부지방법원 2020.10.26 2020노392
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, the Defendant was found to have scarcity because the scarcity was not subject to the control of scarcity therapy, and there was no obscenity to find out the scarcity in order to prevent scarcity infection while exchanging scarcitys when E entered the sick room, and there was no obscenity act, and there was no obscenity act due to the loss of sexual function due to the scarcity surgery.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination

A. The Defendant made the same assertion as the grounds for appeal in this part of the judgment of the court below, and the court below rejected the above assertion in its reasoning. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error by mistake of facts and no error affecting the conclusion of the judgment, contrary to

Defendant’s assertion of mistake is not accepted.

B. The Defendant has no record of having been punished for the same offense.

However, the instant crime committed obscene acts against a nurse in charge of one’s treatment and nursing, and the motive and content of the crime are not good.

The defendant is not against the crime, and the victim is punished by the defendant.

In full view of the defendant's age, environment, health and financial standing, circumstances after the crime, and all other sentencing conditions as shown in the records and arguments in this case, the sentence imposed by the court below is deemed appropriate and too unreasonable.

The defendant's assertion of unfair sentencing is not accepted.

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

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