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(영문) 청주지방법원 2014.06.20 2014노178
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. As to the grounds for appeal of this case, the Defendant’s recognition of the crime of this case and reflects the fact that there was no past record of criminal punishment, and that the victim does not want the punishment of the Defendant under a mutual consent with the victim, etc. may be considered in favor of the Defendant.

However, the crime of this case was sent by the defendant using smartphones to the victim of grade 2 of intellectual disability who caused sexual humiliation or aversion, and the case is not easy. In addition to the crime of this case, the defendant demanded that the victim continue to meet the case, and the defendant also demanded that the victim take care of the defendant's age, character, family relations, circumstances of the crime and circumstances after the crime, etc., such as "I want to have the money," "I want to have it," "I want to do so," "I want to do so," "I want to do so," and "I wish to do so," and it appears that the crime of this case did not have a lot of sexual humiliation and mental pain suffered by the victim, and the court below seems to have sentenced to a fine less than the summary order, taking into account the above favorable circumstances, and considering various circumstances such as the defendant's age, character and behavior, family relations, circumstances of the crime, and the circumstances after the crime, it cannot be deemed that the court below's judgment is unjust even if the defendant asserts the sentencing conditions of punishment (it is too inappropriate).

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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