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(영문) 창원지방법원 2014.10.16 2014노1900
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the court below's punishment (the first crime in the original judgment: imprisonment with prison labor for one month and the second crime in the original judgment: imprisonment with prison labor for three months and 80 hours in the completion of sexual assault treatment programs) is too unreasonable.

2. The first crime in the judgment of the court below appears to have caused mental illness for which the defendant suffered from each of the crimes in this case, and the first crime in the judgment of the court below should be considered at the same time with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that there is a family member to support the defendant is favorable to the defendant.

However, it is deemed that a witness of a public performance and obscenity act of a defendant seems to have suffered considerable mental impulses, and that the defendant has been punished three times for the same crime (one time of suspended sentence of imprisonment and two times of fine), and that the crime No. 2 of the decision of the court below was committed during the period of suspended execution of the same crime, etc., under the circumstances unfavorable to the defendant, and there are no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and there is no changes in the age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., which are conditions for the arguments and the sentencing as shown in the records of the case, it is not recognized that the punishment

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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