성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The 6-month imprisonment sentenced by the court below is too unreasonable.
2. The crime of this case is deemed to have been transmitted by the Defendant, who is an elementary school student, the text describing the sex act in detail, and his sexual photograph, and the nature of the crime is deemed to be bad. However, it seems that the Defendant recognized the facts charged in this case and is against depth, the Defendant’s economic situation is not good. The Defendant’s life in hand for more than two months in this case, the Defendant was an initial offender with no history of criminal punishment, and the Defendant is an age of 23 years, and it seems to have sufficient special preventive effects even if the Defendant imposed the treatment within the society of suspension of the execution of imprisonment, which is called the suspension of the execution of imprisonment with prison labor, which is added to the community service order, the Defendant’s character and behavior, environment, family relations, and circumstances after the crime, etc. are considered, and the Defendant’s argument is deemed to have been unreasonable. Therefore, the Defendant’s argument is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
2. Article 62 (1) of the Criminal Act;
3. Article 62-2 (1) of the Criminal Act regarding community service order;
4. The defendant is finally and conclusively convicted of the facts constituting the sex offense subject to registration under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture.