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(영문) 서울중앙지방법원 2018.08.30 2017노899
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to the excessive reduction of the punishment of the court below (4 million won of the punishment), and the prosecutor, rather than the above punishment, is unfair due to the excessive unfilledness (misunderstanding of the legal principles of the defendant and the assertion of mental or physical disorder, has been withdrawn). 2. On February 2, 198, the defendant is under repeated offense and has reached the crime of this case only when he had already been subjected to suspension of indictment for the same crime, and there is little minor reduction in the sentence of the court below.

3. However, there are extenuating circumstances to consider the circumstances leading the Defendant to the instant crime, and to live in good faith by reflecting his depth about the instant crime.

There are many things.

In addition, if the defendant suffers from economic difficulties as a recipient of one basic living, the court below's prior fine is less severe than that of the defendant.

shall not be deemed to exist.

4. The lower court’s sentence went beyond the discretionary scope, considering the following circumstances: (a) the Defendant’s age, sex, environment, criminal records, motive for committing the crime, and the circumstances after committing the crime; and (b) the Defendant’s age, sex, criminal records, motive for committing the crime; and (c)

It is difficult to see it.

5. Therefore, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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