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(영문) 울산지방법원 2017.11.24 2017노1199

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant (five months of imprisonment, two years of suspended execution, and forty hours of lectures to treat sexual assault) is too unfasible and unreasonable.

B. It is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose and notify personal information.

2. Determination

A. We examine the determination on the unfair argument of sentencing. The crime of this case is committed repeatedly against the child who is only 11 years of age and whose sexual identity and values have not yet been properly formed with a view to meeting his sexual desire, and the crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) in light of the circumstances of the crime, etc., the fact that the criminal situation is not less light in light of the circumstances of the crime; (b) the victimized child is deemed to have suffered considerable mental impulse and pain; and (c) the defendant has a record of having been sentenced to suspension of indictment for a similar crime.

However, the defendant appears to have committed contingent crimes as Grade 3 intellectual disability, and the defendant shows his attitude of recognizing and reflecting his wrongness, and the defendant's mother must not repeat the crime, and there are other favorable circumstances for the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, changes in circumstances after the judgment of the court below, etc., in full view of all the sentencing conditions stated in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and whether there is change in circumstances after the judgment of the court below, the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it

Therefore, this part of the prosecutor's argument is without merit.

B. We examine the determination of exemption from disclosure and notification order, and the defendant appears to have committed a crime with mental and physical weakness due to intellectual disorder, and there is no record of criminal punishment, and the defendant reflects his mistake, and the defendant is the defendant.