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(영문) 서울북부지방법원 2021.03.04 2020노1683
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and four months of imprisonment, 80 hours of order to complete a program, and 5 years of restriction on employment) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. In full view of the following facts: (a) the grounds for sentencing alleged by the Defendant in the trial at the lower court appears to have been considered in the sentencing; (b) there is no new circumstance to consider the sentencing after the sentence of the lower judgment; (c) there is no change in the conditions of sentencing compared to the first instance court; and (d) where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In so doing, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is nonexistent.

Therefore, 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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