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(영문) 인천지방법원 2016.11.23 2016노2390
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (limited to four months of imprisonment, one year of suspended execution, and 80 hours of an order to attend sexual assault treatment courses) is too unreasonable;

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized his mistake and committed the instant crime due to mental illness such as exposure certificate, and being treated as a psychiatrist to prevent recidivism, there are factors to be considered. However, in full view of the following: (a) there is no special change in circumstances after the sentence of the lower judgment; and (b) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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