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1. The defendant's appeal is dismissed;
2. The lower court’s judgment on July 23, 2018, stating the facts constituting the crime, “ around 07:05” is as follows.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for 8 months, 2 years of suspended sentence, 40 hours of probation, 40 hours of probation, 2 years of restriction on employment) of the lower court against the Defendant is too unreasonable.
2. The lower court determined the Defendant’s punishment by comprehensively taking account of the Defendant’s age, character and behavior, environment, motive and background of the offense, means and consequence, etc., as it committed an indecent act on the part of the Defendant on the ground that the Defendant was under the influence of alcohol, and the nature and means of the offense are not good in light of the crime, and the Defendant, at the time of the instant crime, was sentenced to stay of sentence due to damage to public goods, which led to the instant crime even during the suspended execution period, under the circumstances unfavorable to the Defendant, which led to the instant crime. In addition, the lower court determined the Defendant’s punishment by comprehensively taking into account the following factors: (a) the Defendant’s age, character and behavior, environment, motive and background of the offense, means and consequence
However, the reasoning of the judgment below is as follows. C, who appeared as a witness in the court of this case and testified favorable to the defendant, has been sentenced to a suspended sentence of two years for a period of 4 months by confessioning perjury, and the victim who expressed his intention not to punish the victim in the court of the court below submitted a written statement of wishing to punish the defendant for the reason of the non-performance of the defendant's agreement. Considering the circumstances favorable to the defendant that the defendant was late in the court of first instance and later in the court of first instance, the sentence of the court below is not heavier than that of the defendant.
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 as it is without merit. It is so decided as per Disposition.
However, the judgment of the court below is written.