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(영문) 서울동부지방법원 2015.12.24 2015노1280
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 1.5 million imposed by the lower court on the Defendant and orders to complete sexual assault treatment programs 24 hours is too unreasonable.

2. There are extenuating circumstances, such as the confession of a crime and the misunderstanding, the mental health status is not good due to a obscenity disorder, and the witness of obscenity does not want to be punished against the defendant.

However, considering the following: (a) the crime of this case is an act detrimental to the sound sexual morals or sexual morality; (b) the Defendant has been punished several times due to the crime of this case and the crime of this case; and (c) other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other conditions of sentencing prescribed in Article 51 of the Criminal Act, the sentence imposed by the court below against the Defendant is appropriate and is not deemed unreasonable.

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.

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