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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2019.10.24 2019노925
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On July 8, 2019, the Defendant did not submit a statement of grounds for appeal even when he/she received a written notification of the receipt of the trial records from this court on July 8, 2019, and the petition of appeal does not contain any indication in the grounds for appeal, and even upon examining records, there is no reason to reverse the lower judgment

2. Judgment on the prosecutor's appeal

A. The lower court’s sentence (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) against the Defendant on the grounds of appeal (unfair punishment) is deemed unreasonable.

B. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various grounds for sentencing asserted by the prosecutor, including the type of the instant crime, degree of damage, and circumstances in which the Defendant was unable to receive a letter from the victims, and there is no special circumstance to change ex post facto sentencing. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal should be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act; however, as long as the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act because it has no reason, the defendant's appeal shall not be separately dismissed, and all appeals filed by the defendant and the prosecutor shall be dismissed by

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