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(영문) 수원지방법원 2017.06.23 2017노2201
공연음란등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit a public performance or obscenity crime.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, one year of order to complete a sexual assault treatment program) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court acknowledged the fact that the Defendant openly committed an obscene act in a way that knee and knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee

B. The following are the circumstances: (a) the Defendant’s confessions and reflects the crime of violating the Child Uniforms Act as indicated in the judgment below; and (b) the Defendant’s mother and the Defendant’s mother are making efforts to treat the Defendant’s mental health and prevent recidivism; and (c) the Defendant and the Defendant’s mother are favorable to the Defendant.

However, sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation against a child, requires strict responsibilities as an act that is likely to hamper the formation of a sound sexual values and the development of a harmonious and harmonious personality of a child, and the defendant denies and does not seem to be reflective. The defendant committed each of the above crimes without being able to do so for a repeated crime even though he had been sentenced several times, even though he had been sentenced to a punishment for the same kind of crime, and the victim of the crime of this case was committed with severe mental impulse, and the victim of the crime of this case wanted to be punished by the defendant, taking into account all the sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, environment, and social ties.

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