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(영문) 서울북부지방법원 2017.01.19 2016노325
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally deprived of, or physically weak, narcotics.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program with 40 hours) is too unreasonable.

2. Judgment on the grounds for appeal

A. The court below rejected the above assertion by the defendant as to the assertion of mental disorder as to the grounds for appeal in this case, and the court below stated in detail the defendant's assertion and its decision in the judgment. The court below's judgment is just in light of the records and closely examining the above judgment of the court below. Thus, the above assertion by the defendant is not accepted.

B. Examining the following circumstances: (a) the Defendant had been sentenced to punishment several times on January 30, 2015; and (b) the Defendant committed the instant crime during the repeated period during which the execution of the instant punishment was completed on September 8, 2015; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (b) the circumstances after the crime were committed; and (c) the lower court’s sentencing is determined within reasonable and appropriate scope; and (d) the Defendant’s aforementioned assertion is not deemed to be unfair on account of excessive grounds; and (e) the Defendant’s aforementioned assertion is also rejected.

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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