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(영문) 서울동부지방법원 2018.07.05 2018노44

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant’s punishment (amounting to five million won) of the lower court (amounting to five million won, and 40 hours after completing a sexual assault treatment program) is too unreasonable, and that the prosecutor is too unhued and thus unfair.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to the extent that the sentencing is changed ex post facto

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.