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(영문) 춘천지방법원강릉지원 2020.09.17 2019노623
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, did not commit obscene acts, such as putting sexual intercourses against many and unspecified persons or salking sexual intercourses in order to obtain the Defendant’s sexual satisfaction, because he/she had been suffering from her sexual illness around his/her sexual organ.

B. The lower court’s sentence of unreasonable sentencing (the fine of three million won and the completion of a sexual assault treatment program) is too unreasonable.

2. Determination

A. The Defendant also asserted the above assertion of mistake of facts or misapprehension of legal principles, and the lower court determined that the Defendant could sufficiently recognize the facts constituting the crime in the judgment against the Defendant on the grounds as stated in its reasoning.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below is justified, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.

Therefore, we cannot accept this part of the defendant's assertion.

B. The Defendant’s judgment on the assertion of unfair sentencing is an initial criminal without any criminal power.

On the other hand, the nature of the instant crime is not good considering the form of the instant crime, the place of the crime, etc.

A witness of a defendant's criminal act seems to have frightened sexual and mental impulses.

In addition, in full view of the factors revealed in the proceedings of the instant case, the sentencing of the lower court is too large and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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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