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(영문) 대구지방법원 2014.09.18 2014노2147
협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (limited to eight months of imprisonment, 40 hours of completion of a sexual assault treatment program, and confiscation) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The Defendant, after becoming aware of the victim’s telephone number through Facebook, sent the victim an obscene message six times repeatedly to meet his/her sexual desire, so that the victim feel a sense of sexual humiliation or aversion, sent the victim a message that may cause fear or apprehension to the victim, and the victim sent the message that could cause fear or apprehension to the victim, and the victim sent the message to the police upon reporting the victim and receiving a request for appearance from the police. This is very heavy in that the Defendant sent the victim a message that threatens the victim.

The victim seems to have suffered considerable mental impulse due to the crime of this case.

However, the defendant is the first offender, and the defendant did not repeat the crime in depth, and it seems that he did not attempt to reach an agreement with the victim because his personal information cannot be known.

The defendant has been hospitalized and treated for a long time due to intellectual and non-quality mental disorder, and has experienced symptoms, such as exchange, exchange, abnormal sense, etc.

Before the Defendant committed the instant crime, the Defendant had been living together with a disability Grade 6, such as dwarfa, etc., and his mother, as well as his family members, have taken care of and lead the Defendant’s prior wife in a brupt manner.

In full view of all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is based on Article 346 (6) of the Criminal Procedure Act, since the defendant's appeal is justified.

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