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(영문) 인천지방법원 2014.06.13 2014노817

성폭력범죄의처벌및피해자보호등에관한법률위반(통신매체이용음란)등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed with serious mental harm caused by the crime of this case, such as transmitting obscene images to the victim or repeatedly reaching the voice causing uneasiness, and the nature of the crime is not good, and the victim seems to have suffered serious mental harm due to the crime of this case, such as refusing to reach an agreement with the defendant, and the defendant committed the crime of this case during the period of repeated crime, even though he was sentenced to punishment due to the crime of this case.

However, in light of the fact that the court below was determined by fully considering the circumstances unfavorable to the defendant, and that there seems to exist no changes in circumstances that could change the situation between the court below and the punishment, the defendant's time of committing the crime of this case and misleads the defendant, the defendant has no record of being punished for the same kind of crime, and other various sentencing conditions in the records and arguments, such as the defendant's age and behavior environment, and the situation before and after committing the crime, it cannot be deemed that the sentence against the defendant is too uneasible and unfair.

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