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(영문) 부산지방법원 2014.10.17 2014노2691

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant sent the pictures of this case to the same-sexs and sent them to the victim mistakenly, the lower court found the Defendant guilty of the facts charged in this case without the intention to commit a crime, and the lower court erred by misapprehending the legal principles.

B. The judgment of the court below on unreasonable sentencing (the fine of one million won and the completion of 16 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the Defendant’s professional writing is “I” and the Defendant’s message and the Defendant’s message to the effect that she seeks female-friendly treatment several times,” etc., it is difficult to view that the Defendant sent the instant pictures to the victim by hand, and even if the instant pictures were sent to the same person, it appears that the Defendant’s assertion on the assertion of mistake of facts could sufficiently induce sexual conviction. Therefore, this part of the Defendant’s assertion is without merit.

B. In full view of the determination on the assertion of unfair sentencing, the Defendant’s assertion on this part is without merit, since the judgment of the court below is judged to be appropriate in light of the following: (a) the content of the instant pictures transmitted by the Defendant; (b) the Defendant’s age and occupation; and (c) the records and arguments on the

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