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(영문) 대전지방법원 2014.12.24 2014노2972
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and 80 hours of completion of sexual assault treatment programs) of the court below against the defendant is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant’s instant crime committed the instant crime: (b) on the part of the victim’s phone number on six occasions, the Defendant reported CDs indicating the victim’s telephone number, and made obscene calls to the victim on six occasions; (c) the nature of the crime is not good; (d) the Defendant’s crime appears to have undergone a big mental impulse, such as inducing uneasiness and moving the victim’s workplace; and (e) the Defendant was guilty of having been sentenced to punishment for

However, considering all the favorable circumstances such as the fact that the defendant led to the crime of this case and reflects his mistake, that the defendant does not want the punishment against the defendant, that the defendant has grown in an unstable environment, that there is a intellectual disability Grade 3, that the defendant's prison life through confinement for three months seems to have been an opportunity to know about the defendant, that the victim's family members want to take care of the defendant, that the defendant has lived with the defendant for a long time exceeding eight years since he was punished by a fine due to the crime of bodily injury in 2006, and that the defendant has liveded and does not repeat again, equity in the punishment similar to this case should be considered, and that other favorable circumstances such as the circumstance and motive leading up to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, family relationship, occupation and arguments, etc., the defendant's argument that the court below sentenced the defendant's punishment is unreasonable, and therefore, is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, Article 364 (6) of the Criminal Procedure Act is applicable.

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