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(영문) 서울남부지방법원 2018.05.04 2017노489

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Considering the circumstances asserted by the prosecutor on the grounds of appeal (such as the fact that the mental shock of the victim seems to be reasonable, the defendant has the history of suspending indictment and imposing criminal punishment for a crime similar to the crime of this case, and the defendant does not receive a written indictment from the injured party), comprehensively taking into account the records of this case, including the fact that the defendant has no record of criminal punishment heavier than the suspension of execution, the sentence imposed by the court below is deemed appropriate, and it is unfair because it is too uneasible, and the prosecutor’s assertion is groundless.

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