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(영문) 대구지방법원 2016.10.21 2016노220
정보통신망이용촉진및정보보호등에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment, three years of suspended execution) is too unreasonable.

B. According to the evidence submitted by the prosecutor of mistake of facts (not guilty part) the fact that the Defendant sent text messages, such as this part of the facts charged, to the victim using a mobile phone or other communication media for the purpose of inducing or satisfaction of sexual desire. Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment. 2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the records of this case, the court below found the defendant guilty of the facts charged in this case on the ground that it is not enough to see that the defendant mentioned sexual abnormal behavior of the victim in the process of punishing the text message sent by the defendant by means of the message, etc., and that the defendant stated that the victim's sexual behavior was self-defense in the intent of inducing or satisfaction with his/her own photograph. Furthermore, the court below found the defendant guilty of the facts charged in this case on the ground that it is not enough to see that there was a purpose of inducing or satisfaction with his/her own sexual desire. 2) Examining the reasoning of the judgment of the court below in comparison with the evidence duly adopted at the court below and examined, it is proper to find the facts and determine the judgment of the court below, and there is no error by misapprehending the facts as alleged in the grounds for appeal, thereby affecting the conclusion of the judgment.

B. The instant crime committed by the Defendant and the Prosecutor on the assertion of unfair sentencing reaches repeatedly the text that arouses fear or apprehension through the information and communications network.

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