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(영문) 광주지방법원 2015.12.23 2015노1750

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (one million won of fine and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Although the judgment of the court below recognized the defendant's mistake and reflects the defendant's wrong, suffering of depression, economic difficulty, and the first offender, it is recognized that the defendant suffered considerable mental impulses, the damage recovery has not been made even though the victim appears to have suffered considerable mental impulses due to the crime of this case, the court below seems to have considered the above circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below, and other various sentencing conditions specified in the argument of this case, such as the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, are not recognized to be too unreasonable, and therefore the above argument of the defendant is without merit.

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