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(영문) 서울서부지방법원 2020.12.07 2020노1199
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to 10 months) by 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.

The judgment below

After the sentence was sentenced, there is no change in circumstances that could reduce the sentence of the court below, and even though the defendant has been punished for the same kind of crime, the defendant committed a public performance obscenity crime over five times in a short period and intrudes on the female's residence. In light of the interview and danger, it is inevitable to punish the defendant with severe penalty.

In addition, even if considering all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after crime, the sentencing of the lower court seems to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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