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(영문) 대구고등법원 2017.11.09 2017노399
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The defendant's appeal is dismissed.

Reasons

The court below rendered a judgment dismissing the prosecutor's claim regarding the part of the case against which the defendant was found guilty and the part of the case for which the order to observe the protection was requested, and there is no benefit of appeal as to the part for which the order to observe the protection was requested.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the completion of sexual assault treatment programs for one year and 80 hours) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, it appears that the Defendant was aware of and against the instant crime, and that the Defendant did not provide the victim’s obscenity pictures, etc. in addition to two persons, other than the victim’s friendship, and the Defendant appears to have partly affected the instant crime due to intellectual disability 5, and that such mental health condition of the Defendant appears to have been partly affected by the instant crime, and that any criminal punishment was the first offender who has no record of criminal punishment is favorable to the Defendant.

On the other hand, the crime of this case is committed by the defendant by threatening the victim who is a female child or juvenile under 15 years of age, thereby allowing the victim to perform a non-obligatory act by transmitting his/her video image, b body photo, and sexual photo from the above victim's cell phone Messenger, and transmitting the victim's her friendly body photo, etc. to two persons, and providing the victim's obscenity twice. The crime is very poor in light of the circumstances, methods, contents, and relationship between the defendant and the victim, and the defendant's name.

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