(영문) 의정부지방법원 2016.08.16 2016노1536

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(영문) 의정부지방법원 2016.08.16 2016노1536

공연음란등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The punishment of the lower court (two years of imprisonment, twenty-four hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, the Defendant was deemed to have served alcohol at the time of each of the instant crimes, but in light of the process, method, content, and the Defendant’s attitude before and after the crime, etc., the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol.

Therefore, the defendant's above-mentioned mental and physical weakness are without merit.

B. Determination 1 on the wrongful argument of sentencing is recognized that the defendant led to the instant crime and is against himself.

2) However, in full view of various circumstances, such as the Defendant’s age, background of the crime, and circumstances that are favorable to the Defendant, the lower court’s sentence is too unreasonable even if considering the aforementioned circumstances favorable to the Defendant, and thus, is too unreasonable, considering the following: (a) the Defendant’s history of punishment for a sex offense three times; (b) the history of punishment for a crime of intrusion upon residence was six times; (c) the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime; (d) the victims did not agree with; and (e) the victims did not have recovered from

3) Therefore, the defendant's above argument of sentencing 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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