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(영문) 서울북부지방법원 2018.03.29 2018노159
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (one year and two months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the Defendant is recognized as committing the instant crime, but it is recognized that the Defendant had the record of serving five times a fine for obscenity and four times a fine for obscenity. On July 14, 2016, the Seoul Northern District Court sentenced the Defendant to one year a term of imprisonment for obscenity as an obscene crime at the Seoul Northern District Court’s public performance on July 14, 2016, and was on June 1, 2017, taking into account the fact that the execution of the instant punishment was completed, and thus, it cannot be deemed that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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