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(영문) 부산지방법원 2017.05.19 2017노813
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and physically in a state of mental weakness.

B. The sentence sentenced by the lower court (eight months of imprisonment, forty hours of order to complete a sexual assault treatment program, two years of order to disclose or notify personal information) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant was diagnosed as Cho Jae-in and hospitalized after receiving the judgment of the lower court is recognized, but in light of the background leading up to the crime, the process of execution, and the Defendant’s behavior before and after the crime, etc., the Defendant was in the state of lacking the ability to discern things or make decisions due to Cho Jae-in at the time of the crime in this case.

Therefore, the defendant's above mental and physical weakness argument is without merit.

B. Determination of the unfair argument of sentencing is the circumstances favorable to the defendant, such as the fact that the defendant recognized and reflected the crime at a latest, and that the defendant is the patient at early time.

However, in full view of the following circumstances: (a) the victims appear to have suffered a considerable sense of sexual humiliation and aversion due to each of the instant crimes; (b) no agreement has been reached with the victims; (c) one year of imprisonment due to an indecent act committed by a minor; (d) two years of suspended execution; and (e) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship; and (e) the circumstances after the crime, it is difficult to view the lower court’s punishment too unreasonable

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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