(영문) 수원지방법원 2015.05.21 2014노6835 | 리걸엔진

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(영문) 수원지방법원 2015.05.21 2014노6835

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and his defense counsel (1) misunderstanding of facts or misunderstanding of legal principles did not transmit the Defendant’s sexual picture against the victim’s will, and thus, it cannot be deemed that the victim’s sexual self-determination was infringed. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, on the grounds of the victim’s statement without credibility, etc., thereby finding the Defendant guilty

(2) In light of the following: (a) the Defendant’s mistake of unfair sentencing is against the Defendant; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the victim was injured and his wishes that he does not want the Defendant’s punishment; (d) the Defendant did not have any history of criminal punishment; (c) the Defendant is making efforts to not have distorted sexual concept, such as receiving sex counseling education at a hospital; and (d) the Defendant and his parents are economically difficult circumstances, the lower court’s sentence ordering the Defendant to complete the program of treating sexual assault for 2 million won and 8 hours is too unreasonable.

B. In light of the following, the Defendant’s crime of this case (e.g., the Defendant’s act of committing the instant case’s criminal act was committed by having the victim, who was a minor, of his sexual organ through the Kakakakakakao Kakao Ma, and it seems that the Defendant her sexual organ was shot, and the victim was shot, and the victim did not recover from damage, and the Defendant did not receive restoration, and even for Defendant’s rehabilitation, the lower court’

2. Determination

A. In light of the following circumstances acknowledged by the lower court as a whole, based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts or misapprehension of legal doctrine by defense counsel, the Defendant sent his/her sexual picture to the same person against the victim’s will and send obscene

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