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(영문) 대전지방법원 2019.05.22 2019노147
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be treated for 40 hours of sexual assault.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unhutiled and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination and Defendant’s assertion of unreasonable sentencing together are examined.

The fact that the defendant recognizes his criminal act and has no criminal record of the same kind is favorable to the defendant.

However, in light of the circumstances, methods, frequency, etc. of the crime of this case, it seems difficult for the victim to recover the mental suffering and sexual humiliation caused by the crime of this case, and in particular, even during the investigation and trial due to the crime of this case, the victim and his/her neighbors continuously complained of the extreme mental suffering due to the telephone and text messages, and the above act of the defendant seems to have been difficult for the victim to live a daily life due to the above act, the victim prepared a written agreement dated December 19, 2018, but the victim revoked the defendant's intention by wanting to punish the defendant, but the victim was wanting to be punished against the defendant, and committed the crime of this case during the suspension of execution, it is deemed unfair for the court below to have sentenced the sentence by taking into account all the sentencing conditions shown in the records and arguments of this case, such as the crime of this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(2) In the event that an appeal by a defendant is groundless, but the original judgment is reversed, the appeal by a public prosecutor shall not be dismissed separately from the original judgment). (3) The summary of facts constituting an offense and evidence recognized by the court is stated in each corresponding column of the original judgment.

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