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(영문) 대전지방법원 2020.04.08 2019노1364

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the victim’s sexual humiliation, etc., which was caused by the victim’s sexual humiliation, by sending obscene letters from time to time for not more than two years, due to the victim’s contact address, which the defendant had become aware of influently during the transport of her news, and due to the victim’s sexual humiliation, etc., which led to the victim’s sexual humiliation.

2. We examine the judgment, and consider the above circumstances alleged by the prosecutor in the judgment of the court below as being sufficiently considered in determining the punishment at the court below. Moreover, considering the various reasons for sentencing revealed in the oral proceedings of this case, such as the fact that the defendant, who has no record of punishment except a minor fine, led to the confession of the crime of this case as a person with no record of punishment, violates the depth of the mistake while making the confession, and that the victim was not punished by the victim by the unanimous agreement with the victim during the trial of this case, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.