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(영문) 서울중앙지방법원 2018.03.23 2018노99

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete a sexual assault treatment program for 8 months, 40 hours and 40 hours) is too unreasonable.

2. The amount of the fraud of the instant fraud is relatively small, and the fact that the Defendant was punished by a fine due to a violation of the Labor Standards Act is not any specific criminal punishment, etc. that are favorable to the Defendant.

However, in this case, the defendant sent a repeated text message to the effect that he would capture the sexually associated video without the consent of the victim and then spread it, which appears to be extremely poor in the nature of the crime as a matter of intimidation, and that there would be considerable mental damage to the victim, and that no measures have been taken to recover damage, such as reimbursement of the damage caused by fraud, and agreement with the victim, etc., were taken at the appellate court, and in full view of all the sentencing conditions of the court below in this case where there is no change of circumstances that could change the sentence of the court below, the court below exceeded the reasonable discretion because the sentence imposed by the defendant is too excessive.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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.