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(영문) 인천지방법원 2015.02.11 2014노4490
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of fine and twenty-four hours of completion of sexual assault treatment programs) is too unreasonable.

2. The fact that the defendant confessions and reflects the crime of this case, there are no criminal records of the same kind, and the fact that the court below agreed with the victim smoothly is favorable.

However, as a matter of traffic accident compensation, the Defendant committed the instant crime by repeatedly transmitting the victim’s Internet address linked with the sexual intercourses of both men and women three times. In light of the background leading up to the instant crime, method of crime and frequency of crimes, etc., the Defendant is disqualified for the suspension of sentence under the proviso of Article 59(1) of the Criminal Act due to the record of the suspended sentence, and other various sentencing conditions shown in the record and arguments, such as the Defendant’s age, family environment, and conditions before and after the commission of the crime, the Defendant’s sentence against the Defendant is too unreasonable.

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

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