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(영문) 광주지방법원 2017.02.15 2016노5072
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) was physically and mentally weak at the time of preventing the instant crime.

(2) The punishment sentenced by the lower court (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the circumstance leading up to each of the instant crimes, the method and method of the commission of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., the judgment of the lower court on the Defendant’s mental and physical weakness was in a state which lacks the ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's above assertion is without merit.

B. There is no particular change in the sentencing conditions compared to the judgment of the court below on the unfair assertion of sentencing, and considering the various sentencing conditions shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable, and thus, the above assertion by the defendant and the prosecutor is without merit.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed.

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