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(영문) 서울중앙지방법원 2020.02.06 2019노4094
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and considering all sentencing factors indicated in the arguments of this case including the defendant's age, character and conduct, environment, motive and means of crime, and circumstances after crime, the sentencing of the court below is too unreasonable and it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed.

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