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(영문) 광주지방법원 2021.03.24 2020노3096
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

Reasons

The sentence of the lower court (one year and four months of imprisonment, 40 hours of order to complete a program, and 5 years of restriction on employment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant: (a) received from the victim’s chest and sexual organs from the victim, and then put them on the Internet; (b) received obscene images from the victim after deceiving him/her as a female; and (c) used them to take money and valuables from the other party; and (d) received the victim’s request from the victim to have access to the hump; and (b) sent the victim’s humf to the victim, and then sent the victim’s humf, which caused another victim to feel a sense of sexual humiliation or aversion or a sense of aversion; and (c) it seems that the social humfism was very great, and that the victim’s humf suffered from the instant crime was considerable for mental suffering and anxiety.

The victims of each of the instant crimes were four persons, and in particular, the victims of each of the instant crimes were students aged 14 years old and 16 years old at the time.

There is a high possibility of criticism in that each crime of this case may have a significant adverse effect on the victims' personality and self-determination.

In light of this point, it is inevitable to punish the defendant with severe punishment corresponding to his criminal liability through the sentence of imprisonment.

However, the defendant recognizes his criminal act and is against himself.

The Defendant was a juvenile of 18 years of age at the time of committing the instant crime, and was the first offender with no record of criminal punishment.

For the first time, three victims, including one victim agreed with the defendant, expressed their intention not to be punished against the defendant.

Family members of the defendant want to take the lead to the defendant, and they want to take the lead to the defendant.

The age, sex, environment, motive, means, result, and result of the crime shown in records and pleadings.

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