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(영문) 전주지방법원 2013.11.01 2013노955
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of order to complete a sexual assault treatment program) is too unfford in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal ought to be strictly punished by the Defendant in light of the following: (a) the Defendant obsessing a obscenity phone repeatedly against a relative victim; and (b) intimidation the reported victim; and (c) the nature of the crime and the criminal situation are not good; and (d) the Defendant did not take any measures to recover from damage up to the trial.

However, in full view of the following factors: (a) the Defendant is the primary offender, and the Defendant is recognized as both of the instant crimes, and his depth is divided; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) comprehensively takes account of various sentencing conditions under Article 51 of the Criminal Act as stated in the instant records, such as the circumstances after the commission of the crime, etc., the Prosecutor’s

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

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