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(영문) 광주지방법원 2016.07.27 2016노1875
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment and 120 hours of completion of sexual assault treatment programs) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the judgment defendant recognizes his mistake and reflects his mistake, and that the amount of fraud fraud is not so big is a favorable situation.

On the other hand, the Defendant, who was sentenced to a public performance with obscene crime, committed the instant public performance obscenity crime in the prison and in the middle of two months after the execution of the sentence was completed and released from the prison. The Defendant did not agree with the victims up to the trial, and the Defendant had a criminal record of having been punished several times as a crime of obscenity and a crime of fraud in the same kind.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s allegation is without merit.

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

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