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(영문) 광주지방법원 2020.07.22 2020노1135
공연음란
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The place where the Defendant had obscene act is located near the bus stop where many unspecified people have easily revealed the Defendant’s obscene act, and the Defendant appears to have obscenity as a specific woman.

The defendant has a number of criminal records of sexual assault crimes including punishment, and completed the execution of punishment, and committed the crime of this case only for about one year and three months.

On the other hand, it seems that the defendant did not have had time to do obscene acts and did not have had many and unspecified persons present obscene acts.

The defendant is suffering from mental disease, such as a serious disorder, and shock disorder.

The defendant is recognized as committing his own crime and is against himself.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by

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