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(영문) 수원지방법원 2014.03.27 2013노5080
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court’s sentencing (one million won of fine, eight hours of completing a sexual assault treatment program, disclosure order, and exemption from notification order) is deemed to be too uneasible and unfair.

However, in light of all the circumstances indicated in the record, such as the Defendant’s act of disclosing and notifying the Defendant’s personal information to the victim’s cell phone in light of the following: (a) the Defendant sent text messages attached to his sexual organ to the victim’s cell phone and did not focus on the content of the crime; (b) the Defendant did not have any record of the crime except for fines imposed once in violation of the Military Service Act in 2003; and (c) the Defendant recognized the mistake and reflects it; and (d) the Defendant’s age, motive, process, and consequence of the crime, etc., the Defendant’s act of disclosing and notifying the Defendant’s personal information appears to considerably exceed the effect of preventing sexual crimes that may be achieved by disclosing and notifying the Defendant’s personal information; and (c) the degree of disadvantage and anticipated side effects of the Defendant’s victim’s personal information are deemed to be excessive

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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