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(영문) 춘천지방법원 강릉지원 2019.09.19 2019노283
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment that the defendant committed a crime is favorable to the defendant, or that the defendant committed a obscenity act in the presence of a female student at late night. In addition, when comprehensively taking account of various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, it is difficult to view that the court below's punishment excessively deviates from the reasonable scope of discretion by taking account of the following factors: (a) the defendant was sentenced to imprisonment with prison labor on the basis of multiple public performances and repeats the same mistake during the repeated period; (b) the defendant repeatedly commits a sexual crime by taking advantage of the similar age group women in light of the similar criminal law and the victim's characteristics; (c) the risk of repeating the crime is high; (d) the victim's intent to punish the victim is maintained; and (e) the court below's punishment is deemed to have been maintained.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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