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(영문) 창원지방법원 2017.08.31 2017노2008
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (3 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is unreasonable because it is too uneasible.

2. Determination is based on the following: (a) the Defendant’s mistake is recognized and reflected by the Defendant; (b) the primary offender is a favorable sentencing ground; and (c) the Defendant committed the instant crime against the same victim twice more; and (d) the fact that there is no agreement with the victim is an unfavorable sentencing ground.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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

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