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(영문) 창원지방법원 2015.05.07 2015노207
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (one million won of fine, and forty hours of completion of sexual assault treatment programs) declared by the court below is too unhued and unreasonable.

2. The crime of this case is the case where the Defendant sent the horses and images that may cause sexual humiliation or aversion to the victim over 11 times, and the fact that the victim appears to have suffered considerable mental shock due to the crime of this case, etc. is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant recognized the instant crime; (b) the victim and the victim wished to take the Defendant’s wife against the Defendant by mutual consent; (c) there has been no history of punishment so far; and (d) the Defendant graduated from the Food Science Department of Musan University; and (c) the restaurant faithfully served as a cook at Musan University; and (d) the Defendant’s favorable circumstances are considered equal to criminal punishment for other crimes similar to the instant crime; and (e) the Defendant’s age, character and conduct, occupation and environment, occupation and environment, family relationship; and (e) other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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