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(영문) 수원지방법원 2017.09.07 2017노4958
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by defense counsel;

A. The Defendant with mental disorder committed an excessive error, even though he was physically and mentally weak due to mental illness at the time of committing the instant crime.

B. In light of the fact that the court below’s sentence imposing orders to complete sexual assault treatment programs for a period of 6 months and 40 hours is too unreasonable, since the court below’s sentence is too unreasonable, in light of the fact that the defendant recognized wrong facts and against the defendant’s intention that the victim does not want to punish the defendant.

2. Determination

A. In full view of the background, means and methods of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant did not have a weak ability to discern things or make decisions due to mental illness at the time of the instant crime.

Therefore, the judgment of the court below that did not apply Article 10(2) of the Criminal Act to the defendant is erroneous and adversely affected the conclusion of the judgment by violating the statutes on the grounds for statutory exemption

Therefore, the above argument cannot be accepted.

B. The instant crime of determining the illegality of sentencing was committed on the road by allowing the Defendant to view that the Defendant was only F, etc. within his her f, which was stopped on the road, and the Defendant was panty and the panty.

The crime of this case was committed during the period of suspension of execution, which became final and conclusive on October 22, 2016 and became final and conclusive on October 22, 2016, that the defendant committed the crime of this case during the period of suspension of execution, the criminal history of criminal punishment for the same kind of crime may be possible, and the circumstances asserted in the grounds of appeal are already reflected in the sentencing of the court below.

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