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(영문) 광주지방법원 2016.04.20 2015노2233

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the Defendant, who misleads the victim of the fact, sent the same video as the criminal facts stated in the judgment below (hereinafter “the video of this case”).

However, it was wrong for the defendant to transmit the above video to others, and there was no purpose to satisfy the sexual desire of the defendant.

B. The punishment sentenced by the lower court (one million won in punishment, and 40 hours in completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the fact that the Defendant sent the instant videos to the victim for the purpose of meeting his sexual desire can be acknowledged.

Therefore, the defendant's above assertion is without merit.

① On June 6, 2015, the Defendant sent the instant video to the cell phone of the victim at around 15:06, and then posted the instant video to the victim at around 17:29 on the same day, whether the Defendant “the video was reported and interested.”

2. The Defendant also stated that the Defendant sent the video of this case by considering that the victim was a friendly relationship with the victim, although the victim may feel sexual humiliation in the police (see, e.g., 9, 23, 29).

③ Furthermore, the Defendant was the president of the mountain conference, who joined the mountain conference by the victimized person, and was only difficult to be frighten in the head of the mountain conference operated by the victimized person. As such, the Defendant was in a close relationship with the victimized person.

It is also difficult to see it.

4. The victim receives the video of this case from the police and "I am dynasty has become a region."

How we see the author's book, whether he sent the screen picture and sent it.

I would like to see only if I would like to go against the speech.

“The 10th page of the evidence record) The Defendant made the statement “(10th page of the evidence record).”

B. Determination of the unfair argument of sentencing is made.