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(영문) 청주지방법원 2015.05.01 2014노1347

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The appellant who made a decision on the appeal of a defendant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not submitted within the said period,

(1) According to the records, even if the defendant was served with the notification of the receipt of the notification of the trial records by the court on January 2, 2015, the defendant did not file the appellate brief within the lawful period for submitting the appellate brief (20 days from the date on which the notification was received), and the petition of appeal does not contain any grounds for appeal, and even according to the records of the instant case, the grounds for ex officio examination cannot be found.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

2. Judgment on the prosecutor's appeal

A. The sentencing of the lower court (a fine of one million won, and an order to complete a sexual assault treatment program for 40 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

B. The instant crime was committed by the Defendant’s minor victim, who became aware of the exclusive program for conversation, sent a indecent sexual expression via the mobile phone Messenger, and the punishment for the unlawful act is not less than that of the crime.

In addition, in full view of the fact that the defendant received contact from the police due to the crime of this case and sent a message that could cause fear to the victim again, and the victim wanted to punish the defendant strictly, the defendant is required to be subject to heavy punishment corresponding to the liability for the crime.

However, the Defendant has the meaning of committing the instant crime from the date of the police investigation to the date of the trial.