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(영문) 창원지방법원 2018.01.18 2017노3176
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below (the completion of a sexual assault treatment program for 40 hours and 40 hours) is too heavy.

2. The judgment below's punishment is reasonable, and there are no grounds for favorable sentencing, such as the Defendant's confession of all crimes and the fact that there is no record of criminal punishment. However, it appears that the Defendant sent text messages causing sexual humiliation to the victim for a considerable period of time other than the indictment. In full view of the reasons for unfavorable sentencing, such as: (a) the threat of the victim by using cargo vehicles is bad; (b) the threat of the victim is bad; and (c) the victim did not agree with the victim; and (d) the victim does not agree with the victim and all other matters concerning the sentencing as indicated in the records and arguments of this case, the court below's punishment is determined to be appropriate; and (b) there is no change of circumstances to be further considered in the trial; and therefore, the Defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it has no reason to file an appeal. It is so decided as per Disposition by the court below [The judgment of the court below that did not regard the period for registering personal information of this case as a short-term period exceeding the period according to the sentence for sentencing pursuant to Article 45(4) of the same Act on the grounds that the Defendant becomes a person subject to registration of personal information of this case in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration of new information, becomes a person subject to registration of personal information of this case and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.]

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