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(영문) 울산지방법원 2016.06.10 2015노815
공연음란
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the judgment on the Defendant’s appeal records, the Defendant’s defense counsel retired during the trial.

On July 16, 2015, the lower court filed an appeal against the lower judgment. The said defense counsel and the Defendant did not submit a written reason for appeal within 20 days, which was the due date for filing an appeal, even though the Defendant received a notice of receipt of the record of trial from the said court on July 28, 2015, and the Defendant received the notice of receipt of the record of trial from the said court on July 31, 2015.

In addition, the grounds for appeal shall not be indicated in the petition of appeal, and the reasons for ex officio investigation on the record shall not be found.

Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act.

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unhued and unreasonable.

B. In light of the following facts: (a) although the criminal liability of the defendant is not denied in light of the fact that it appears that the juvenile who observed the instant crime would not have any mental shock; (b) the defendant recognized the instant crime; (c) there is no record of criminal punishment in the Republic of Korea; (d) there is no circumstance or change of circumstances that may be newly considered in sentencing after the decision of the court below was rendered; and (e) other factors of sentencing as shown in the trial process, such as the defendant’s age, sex, sex, environment, motive and background of the crime; (e) the means and consequence of the crime; and (g) the circumstances after the crime was committed, the court below’s sentence cannot be deemed unfair because the sentence is too uneasible; and (e) the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. The defendant’s appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act, or the prosecutor’s appeal shall also be dismissed by a single judgment, as long as it is so decided.

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