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(영문) 대구지방법원 2013.09.10 2013노940
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unhued and unreasonable.

2. The crime of this case committed by the victim of this case is deemed to have been committed by using pictures or videos of extremely high degree of sexual humiliation that may cause sexual humiliation to the victim.

However, there is no history of punishment exceeding the probation, and it is true that the defendant will not repeat the crime of this case by breaking his depth with the mistake of the crime of this case.

In addition, considering the relationship between the defendant and the victim, the defendant's age, character and conduct, environment, etc. and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. However, according to Article 4(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11729, Apr. 5, 2013), the lower court should add the following contents to the lower judgment, and it is so decided as per

Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which was wholly amended by Act No. 1156, Dec. 18, 2012 and enforced from June 19, 2013, added the personal information to a sex offense subject to registration of personal information under Article 4(1) of the Addenda of the same Act, and Article 4(1) of the Addenda of the same Act applies retroactively to crimes committed before the enforcement date of the above Act, insofar as the judgment has not yet become final and conclusive, if conviction of a crime violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity of communications media) becomes final and conclusive, the defendant becomes a person subject to registration of personal information, and the defendant is obligated to submit the personal information to the head of the competent police office or the head of the correctional institution within 30 days after the judgment becomes final and conclusive.

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