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(영문) 수원지방법원 2015.05.14 2014노5805
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds of appeal in light of the following facts: (a) the Defendant’s each of the instant offenses is extremely poor to have transmitted obscene letters or videos to the victims of age ten times in total; and (b) the Defendant did not recover from damage; and (c) the sentence of the lower court that sentenced the Defendant to an order to complete a sexual assault treatment program for one year, two years of suspended execution, probation, and twenty hours of imprisonment is too unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment cannot be deemed as being too unjustifiable, even if considering all the circumstances alleged in the grounds of appeal, given that there is no record of criminal punishment except for the Defendant’s mistake and one-time fine imposed by the violation of the Military Service Act, and the motive and background of each of the instant crimes, the circumstances before and after the commission of the crime, 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, environment, etc. of the Defendant.

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

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