logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.12.20 2016노2728
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had exposed sexual organ for the purpose of seeing the defenses, the Defendant did not expose sexual organ for the purpose of committing self-defense as stated in the facts constituting a crime in the judgment below.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine and 40 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the evidence duly adopted and examined by the court below. In other words, witness E stated that “the defendant was present at the time when he was sitting in the bench and left the fench, and was doing the act of self-defense” (see, e.g., 11 of the investigation record). In light of the fact that the defendant also recognized all the facts charged in the court of the court below, the fact that the defendant was exposed to sexual intercourse for the purpose of self-defense can be sufficiently recognized. Accordingly, the above argument of mistake of facts is without merit.

B. Determination on the argument of unfair sentencing is recognized. 1) However, the lower court’s sentence is too unreasonable even if the circumstances favorable to the Defendant are considered in light of the following: (a) the Defendant denies and did not reflect the Defendant’s criminal act; (b) the nature of the crime is not good by exposing her sexual organ at a public place; (c) the Defendant did not agree with the victim; (d) the Defendant did not recover from damage; and (e) the Defendant’s age, details of the crime; and (e) the circumstances after the crime were committed.

3. Therefore, the defendant's assertion of unfair sentencing also is without merit.

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

arrow