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(영문) 부산지방법원 2016.04.22 2015노4341
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the amount of 5 million won in penalty and the completion of sexual assault treatment programs for 80 hours in penalty) is deemed to be too uneasible and unfair.

2. The instant crime of obscenity using each of the instant communications media reaches the victim E and H’s cell phone for the purpose of meeting the sexual desire. The instant crime of indecent act by force was committed on a lower level by forcing the victim to take charge of the victim’s left shoulder and chest in the elevator. In particular, the crime of indecent act by force in the instant case was committed on June 17, 2015, without being aware of the fact that the prosecution was made on July 9, 2015, and it is highly likely that the victims would have caused considerable mental shock and sexual humiliation. The circumstances are that the victims would have caused considerable mental shock and sexual humiliation to the Defendant.

However, in full view of the fact that the defendant repents his mistake, and that there is no other criminal history except that the defendant has been sentenced to a fine of KRW 300,000 due to the crime of arranging stolen goods, the victim E, G and the victim does not want the punishment against the defendant, and the above victims do not want the punishment against the defendant by mutual consent with the victim E, G and the above victims, and other matters concerning the defendant's age, sexual behavior, environment, background and motive leading to the crime of this case, and all the records and changes in the records of this case, it cannot be deemed that the punishment of

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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