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(영문) 수원지방법원 2015.09.08 2014노5641
공연음란
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfair) commits the instant crime under the circumstances where the Defendant’s wrong decision-making capacity was somewhat lowered compared to normal persons, the Defendant is receiving counseling treatment from Nwon to raise sexual impulse, and the Defendant must support his and her wife and children, etc., the sentence of the judgment of the court of the second instance which sentenced to orders to complete sexual assault treatment programs for 4 months and 80 hours of imprisonment is too unreasonable.

B. In light of the following: (a) the instant crime committed by the prosecutor (unfairness) was committed by a female victim who is going through the course in his/her own vehicle, and it is not good that the Defendant committed a self-defensive act by means of shakeing his/her sexual organ, and in particular, on September 28, 2014, the victim of the instant crime was a minor; (b) the Defendant was sentenced to a suspended sentence of one year and six months due to performance and obscenity; (c) the Defendant committed each of the instant crimes during the suspended sentence of one year and six months; (d) the victims were unlikely to feel sexual health and fear; and (e) the victim was presumed to have been sexually injured; and (e) the need for an appropriate sentence for preventing recidivism and the rehabilitation of the Defendant, each of the instant crimes was committed by the lower court, which sentenced to a fine of three million won and 80 hours to complete a sexual assault treatment program (the first lower judgment); and (e) the order to complete a sexual assault treatment program (Article 2).

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be judged concurrently and sentenced to a single punishment pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained further.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is re-written after pleadings.

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