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(영문) 부산지방법원 2014.08.22 2014노1924
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (the fine of three million won and the completion of the sexual assault treatment program 40 hours) is too unreasonable.

2. In full view of all the facts pertaining to the sentencing expressed in the records and arguments of the judgment of the court below, since the defendant reflects the depth of the judgment, that there is no criminal history of the defendant, that the defendant has no criminal history of the same kind, that the victim is not punished, and that the defendant's age, occupation, and all other matters are considered unfair, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where this judgment becomes final and conclusive, a defendant is obligated to submit personal information to the chief of the competent police station pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes.

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and expected side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved thereby, and the effect of protecting the victim.

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