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(영문) 수원고등법원 2020.04.09 2019노565

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years, 40 hours to complete a sexual assault treatment program, 3 years employment restriction order, confiscation and destruction) which the court below sentenced against the defendant is too unreasonable.

2. Although the Defendant asserted some of the legal aspects of the lower judgment, there are circumstances favorable to the Defendant, such as: (a) the fact that the lower court acknowledged all of the instant crimes and divided the mistake; (b) the Defendant has no record of criminal punishment; (c) the Defendant did not exercise coercive power, such as assault or intimidation, against the victim; and (d) the Defendant suffered from the wing type, which is a rare disease.

However, in light of the contents and methods of each of the crimes of this case, it cannot be deemed that the court below's punishment is too unreasonable, considering the circumstances unfavorable to the defendant, such as that the defendant did not receive a letter from the victim, and that the sentencing of the court below exceeded the reasonable scope of discretion, and other factors such as the sentencing conditions specified in the argument of this case, it cannot be deemed that the court below's punishment is too unreasonable, and the defendant's assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed as there is no ground for appeal.