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(영문) 수원지방법원 2013.09.05 2013노2732
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is improper because the sentence of the court below (one year of imprisonment and two million won of fine, the completion of sexual assault treatment programs, 40 hours of confiscation) is too unreasonable.

2. The court below recognized the defendant's mistake and against it. However, this circumstance is considered in the court below, and the crime of obscenity using the communications media of this case is limited to the object of the crime, and it is extremely large to the extent that it causes a sense of sexual shame (the crime of money is an element of a child or juvenile). The defendant has a record of being sentenced to a fine of 6 million won due to the lack of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the purchase, etc.) around 2012, and there are more records of the crime of this case including the fact that the defendant was sentenced to a suspended sentence of imprisonment. Furthermore, considering all the circumstances and contents of the crime of this case, the circumstance and contents of the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., the sentence of the court below is too unreasonable.

3. 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.

However, following the amendment of the Act, Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse in the part of the judgment below regarding the registration of personal information shall be amended as follows: “Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 201); Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); and “Article 34 of the same Act” as “Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012); and “Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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