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(영문) 서울동부지방법원 2016.01.28 2015노1419

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one million won in penalty) is unfair, because it is excessively unreasonable.

2. The circumstances favorable to the defendant are that the defendant made a confession of the crime of this case and reflects his depth, and is very difficult economic situation.

On the other hand, the Defendant again commits the instant crime without being aware of the history of criminal punishment on several occasions, and the instant crime undermines the legislative intent of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which intends to prevent sexual crimes through the submission of personal information, and the liability for such crime is not easy, taking into account the circumstances favorable to the Defendant in the lower court, considerably reduced the amount of fine under the summary order, taking into account the circumstances favorable to the Defendant, and there is no change of circumstances in the lower court’s punishment in the first instance trial.

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

3. In conclusion, 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 without merit. It is so decided as per Disposition.