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(영문) 울산지방법원 2018.04.27 2018노178
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 (the imprisonment of six months, the suspension of execution of two years, the community service order 80 hours, and the lecture attendance order 40 hours) is too unreasonable.

2. The fact that the defendant shows the attitude of recognizing and opposing the crime, that the defendant agreed with the victim, that the defendant is the primary offender, etc., are favorable to the defendant. However, the crime of this case is disadvantageous to the defendant, such as the fact that the defendant was working as a mixed at the convenience store, and that the crime of this case was committed openly and repeatedly against the victim by openly showing his sexual organ or her sexual organ as a hand by hand, and that it was committed four times or more, and that the crime was committed very poor in light of the form and content of the act, and that the victim seems to have suffered considerable sexual humiliation and mental impulse.

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.

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