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(영문) 수원지방법원 2017.06.01 2017노2331
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, he had a mental and physical loss or mental weakness, the lower court erred by misapprehending this.

B. In light of the fact that the court below’s sentence imposing orders to complete sexual assault treatment programs with 10 months and 40 hours of imprisonment is too unreasonable, in light of the fact that the illegal defendant recognized the error and against the defendant, and that the defendant committed the instant crime by contingency under the influence of alcohol, etc.

2. Determination

A. In full view of the background, means and method of the instant crime, the Defendant’s behavior before and after the commission of the crime, and the circumstances after the commission of the 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 was aware of drinking at the time of the commission of the crime, but did not have the ability to discern things or make decisions.

Therefore, the judgment of the court below that did not apply Articles 10(1) and 10(2) of the Criminal Act to the defendant is erroneous and adversely affected the conclusion of the judgment in violation of the statutes on the grounds for statutory

Therefore, the above argument is without merit.

B. The instant crime of determining the illegality of sentencing is one of the following: (a) the Defendant’s act of self-defense by reporting the form of female juveniles who are engaged in dancing practice in the front of the community service center; and (b) it is not good that the Defendant committed the instant crime in the front and rear manner after having reported the Defendant’s reflector; and (c) on June 5, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for obscenity on June 13, 2015 as a crime of obscenity in the Sungnam branch of Suwon branch of Suwon branch of the Suwon branch of the Suwon branch of the Suwon branch of the Suwon branch of the Suwon branch of the Republic of Korea on June 13, 2015; (d) the said judgment became final and conclusive on September 18, 2015, and was sentenced to six months of imprisonment with prison labor for obscenity, etc. on September 18, 2015 and completed the execution of the sentence on March 12, 2016.

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