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(영문) 서울동부지방법원 2019.03.29 2018노1907
공연음란등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was in a state of mental suffering from a disease, such as cerebrovascular disease, etc.

B. The Defendant asserts that the lower court’s punishment (ten months of imprisonment, forty hours of completing sexual assault treatment programs, and five years of employment restriction) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. In full view of all the circumstances indicated in the record of the instant case, such as the background of the instant crime and the circumstances before and after the instant crime, it is not deemed that the Defendant had a weak mental and physical state that lacks the ability to discern things or make decisions at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. Comprehensively taking account of the instant arguments and the grounds for sentencing indicated in the records on the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various grounds for sentencing asserted by the Defendant and the prosecutor, and no special circumstance exists to the extent that the lower court’

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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