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(영문) 서울서부지방법원 2015.08.20 2014노1013
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the victim talked with the victim as a lineal ascendant or descendant with respect to the use of obscenity for a misunderstanding of facts, the law was not based on.

B. The sentence of an unreasonable sentencing (2 million won of fine) by the lower court is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mistake, the fact that the Defendant sent Kakao Stockholm messages that may cause sexual humiliation or aversion to the victim, as described in the facts charged, with the intent to arouse or satisfy his sexual desire.

This part of the defendant's assertion is without merit.

B. The Defendant’s assertion of unfair sentencing is an element of sentencing favorable to the Defendant that has no record of punishment in the Republic of Korea.

However, there is no color that the defendant denies some of the crimes and reflects them, and even though it seems that the victims suffered from the crime in this case had much mental impulse, the fact that the defendant did not agree with the victim is an element of sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

This part of the defendant's assertion is without merit.

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

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