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(영문) 수원지방법원 2016.02.02 2015노7324
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Sexual assault against the defendant for 120 hours.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal by the counsel (unfair sentencing) is against the Defendant’s mistake; (b) the victim D expressed his/her intention not to have the Defendant punished; (c) the isolation of the Defendant from the society, who is an early young society, might cause a big loss to our society; and (d) the need to support her mother-child; and (c) the lower court’s sentence ordering the Defendant to complete a sexual assault treatment program program program program program program program program program program program program program program program program program program program program program

2. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct of the defendant, the defendant's personality and conduct, environment, etc., the judgment of the court below is without merit and it is recognized that the punishment of the court below is unfair.

However, each of the crimes of this case is inevitable to sentence a sentence in full view of the following facts: (a) the Defendant had a female child under 10 years of age photograph the chest and sound, etc. several times to meet his/her own sexual desire; (b) the video taken so by the Defendant was sent to the Defendant’s cell phone via Kakakao Stockholm, and it is not good that the crime was committed; (c) the age victims and their guardians were deemed to have suffered from the Defendant’s cell phone; and (d) the Defendant was deemed to have suffered from the Defendant’s sexual impulses up to the time of the trial; and (d) the Defendant

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, so criminal litigation law is applicable.

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