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(영문) 수원지방법원 2016.04.14 2016노801
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) that the defendant reflects the wrongs of the defendant, there is no same criminal history, the defendant committed contingent crimes under the influence of alcohol, the mother is supporting the victim, and efforts have been made to compensate the victim for the damage, the sentence of the court below that sentenced the order to complete the sexual assault treatment program for a period of 6 months and 40 hours is too unreasonable.

2. The crime of this case was committed when the defendant entered a female toilet at the new wall time, and the victim was asked to the victim, but the victim was made a public performance and obscene act in another toilet, which is not good to the nature of the crime, and the fear of the victim was deemed reasonable, and the damage was not compensated up to the trial, the defendant could have been punished due to the violation of the Punishment of Violence, etc. Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. In addition, considering the motive and background of the crime of this case, the situation before and after the crime of this case, degree of damage, and other various matters specified in Article 51 of the Criminal Act, such as the defendant's character and behavior, environment, family relation, etc., even if considering the circumstances alleged in the grounds for appeal, the above assertion is without merit because the sentence of the court below is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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