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(영문) 수원지방법원 2015.06.04 2015노1989
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant and his/her defense counsel (e.g., the Defendant’s mistake), the Defendant committed the instant crime by drinking alcohol and contingently, and the Defendant was detained in the lower court and living under confinement for a period of four months, and the Defendant voluntarily requested treatment from February 6, 2015 and started treatment from February 6, 2015, the sentence of the lower court that sentenced the Defendant to complete the program for sexual assault treatment for six months and 200 hours is too unreasonable.

2. On June 3, 2014, the Defendant: (a) was sentenced to two years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) in the Sungwon District Court’s Sungnam branch on June 3, 201; (b) the Defendant committed the same kind of crime during the period of suspension of execution after being sentenced to two years of imprisonment for six months; (c) the Defendant had a record of being sentenced to two years of suspension of execution in November 10, 201 due to the crime of obscenity committed by means similar to the instant case in the Suwon District Court’s Sungnam branch; (d) the victim paid KRW 8 million to the victim; and (e) the victim expressed his/her intent that he/she would not want the Defendant’s punishment is already reflected in the lower court’s judgment; and (e) other circumstances, considering the motive and background of the instant crime; (e) the degree of damage before and after the instant crime; and (e) other various matters stipulated in Article 51 of the Criminal Act, including the Defendant’s character and environment expressed in the grounds for appeal are without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition

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