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(영문) 서울남부지방법원 2014.11.13 2014노1253

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder: Each of the crimes in this case committed by the defendant under the influence of alcohol.

B. Unreasonable sentencing: The sentence of the lower court (two million won by fine) is too unreasonable.

2. Determination

A. In full view of the circumstances revealed in the record and pleading of the instant case’s assertion of mental disorder, the fact that the Defendant was in a state of drinking alcohol to a certain extent on the date stated in paragraph (4) of the criminal facts as indicated in the judgment below is recognized, but in light of the form and method of the instant crime, etc., it does not seem that the Defendant had the ability to discern things or make decisions.

B. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.