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(영문) 부산지방법원 2013.03.14 2013노167
공연음란
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (10 months of imprisonment) is too unreasonable.

Judgment

Although the Defendant had four times of criminal records of the same kind of crime, the Defendant committed each of the instant crimes more than ten times from April 201 to June 7, 2012, the Defendant is recognized to have committed each of the instant crimes. However, the Defendant’s punishment imposed by the lower court is somewhat unreasonable in light of the motive and circumstance of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, family relations, and other various circumstances, which are the conditions for sentencing as shown in the records, such as the following: (a) the Defendant was aware that all of the instant crimes were led to the confession of each of the instant crimes; and (b) the Defendant has committed a second offense through medical treatment and consultation by specialized institutions such as hospital, etc. for five months of detention; (c) the Defendant has no record of criminal punishment exceeding the fine; and (d) other various circumstances, which are

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 245 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. in light of the grounds for reversal);

1. Probation under Article 62-2 of the Criminal Act;

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