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(영문) 광주지방법원 2017.12.20 2017노3381
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On August 24, 2015, the Defendant was guilty of the facts charged in the instant case, on the following grounds: (a) around 02:26, the convenience store, which is the place where the instant crime was committed; (b) the Defendant did not have any garrising garrising with the location of the inner clothes; and (c) did not have any act such as cutting her garrising her part of the inner clothes, or cutting her her part of the open her part of the opening her part of the lab and making accounts with D with the labing part of the lab,

B. Since the Defendant, at the time of mental disorder, committed the instant crime under the mental or physical loss or mental weakness due to mental problems, etc., he/she cannot be punished for the Defendant, or his/her punishment should be mitigated.

(c)

The punishment of the court below (6 months of imprisonment, 2 years of suspended sentence, 2 years of protection observation, and 40 hours of lecture attendance order for sexual assault treatment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, such as the witness D’s legal statement on the assertion of mistake of facts, the Defendant, at around 02:26, Aug. 24, 2015, sent clothes to E convenience stores located in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and Mana

D (W) The defendant's assertion of misunderstanding the facts is without merit, since it is sufficiently recognized that he/she committed an act, such as cutting, showing, and calculating D with an open cat of the cata as a cata with the cata of 20 years old.

B. According to the records of this case’s determination as to the assertion of mental disorder, the fact that the Defendant was in a drunken state at the time of the instant crime, and was receiving medical treatment from April 13, 2016 after the instant crime was committed by the hospital due to editing and colon, etc., may be acknowledged. However, the background leading to the instant crime, the means and method of the said crime, which was recognized by the records of this case, are as follows.

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