성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million, and sexual assault treatment programs for 40 hours) is too unreasonable and unfair (the Defendant explicitly withdrawn all the remaining arguments except the unfair argument at the first trial date). 2. In comparison with the first trial, there is no change in the conditions of sentencing compared to the judgment, and in the case where the first trial sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is recognized that the Defendant led to the instant crime, and the Defendant has no identical criminal conviction (sexual offense).
However, the lower court appears to have determined the sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, and the crime of this case is likely to cause the victim to feel a considerable sense of sexual humiliation and aversion due to the Defendant’s transmission of obscene videos to the victim. The victim is punished by the Defendant (which was submitted by an agreement, but it appears that the Defendant voluntarily prepared.
In full view of various circumstances, including the Defendant’s age, sex, environment, motive, background, means and consequence of a crime, and the circumstances after a crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, in so doing.
The defendant's argument of sentencing is not accepted.
3. 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 groundless.