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(영문) 청주지방법원 2014.01.10 2013노879
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the crime of this case in determining the grounds for appeal did not seem to have been caused by the mental symptoms of the defendant, the defendant received a mental and medical treatment at the time of being tried for a public performance and obscene crime similar to the crime of this case in the Cheongju District Court on July 8, 201, and was sentenced to a suspended sentence on July 8, 201 by the above court, the defendant was no longer subject to medical treatment after being sentenced to the suspended sentence. Upon the termination of the suspended sentence period, the defendant committed the crime of this case in the past, in light of the circumstance of committing the crime of this case in which the defendant received a temporary treatment

It is difficult to consider the circumstances that the defendant would have to be treated with mental or medical treatment in the future as the sentencing factors favorable to the defendant.

Furthermore, in light of the fact that the crime of this case was committed two times by the defendant, who is a female student of the 10th latter half of the bus stop, and the registration number plate is illegible by attaching a paper, etc. to the bus stop, and that the act of crime is secret and planned as a matter of escape through the operation of the above vehicle, it is not good to commit the crime. The defendant has the record of being sentenced to suspended execution once and four times of fines due to the crime of public performance of the same method as the crime of this case, and there was a history of being sentenced to punishment of fines twice as well as the crime of violation of the Automobile Management Act. The defendant committed a public performance and obscenity crime of the same method in addition to the crime of this case, although the investigation agency failed to secure the victim's statement, it appears that the defendant was not prosecuted for the crime of this case, and that the defendant was committed in the first half of the trial for the purpose of sentencing after considering all the following circumstances: the defendant's age, character and behavior, environment, background and result of the crime of this case;

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