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(영문) 전주지방법원 2018.06.22 2018노624
공연음란등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, forty hours of order to complete a sexual assault treatment program, five years of disclosure or notification order) is too unreasonable.

2. The Defendant, in the PC room, was seated next to the victim E and 15 minutes of her self-defluence. The Defendant, after being investigated by the police, she again fell into the victim’s seat next to the victim I and her body, and committed an indecent act by deceiving the victim’s her body with his/her hand. In light of the frequency and method of the crime, the Defendant was found to have committed an indecent act before the instant crime, and the Defendant was punished twice as an indecent act prior to the instant crime.

However, in light of the following: (a) the Defendant recognized the crime of obscenity during the period of time when he was in the trial; (b) was detained for more than three months due to the instant crime; (c) there is no record of criminal punishment exceeding the fine prior to the instant crime; (d) the instant crime ought to take account of equity with the case of judgment at the same time as the crime of intimidation, etc. on which the judgment became final and conclusive; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, details of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed unfair due to the lack of reason.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【The reasoning of the judgment in its entirety 【The facts constituting a crime and the summary of evidence admitted by the court below 】 The summary of the facts constituting a crime and the summary of evidence is different from the judgment of the court below in addition to changing the “1. Part of the Defendant’s legal statement” to “the Defendant’s legal statement at the court of the first instance.”

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