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(영문) 수원지방법원 2015.05.14 2014노6256
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) against the defendant, the defendant committed the instant crime by contingently, the person with disabilities in the second degree in the mental retardation, and the circumstances that are economically difficult, the sentence of the court below that sentenced a fine of KRW 2 million is too unreasonable.

2. The crime of this case was committed by calls from all women who are unaware of the defendant to cause a sense of sexual shame or aversion, which is not good to the quality of the crime, and is not recovered from damage. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various factors stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and the environment as shown in the records and arguments, the court below's punishment cannot be deemed to be unfair because it is too unreasonable, even if all the circumstances alleged in the grounds for appeal are considered.

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

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