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(영문) 수원지방법원 2014.10.02 2014노1946
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s sentencing (a fine of 1.5 million won) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant was the first offender, the fact that the defendant recognized the mistake, and reflects it.

However, each of the crimes of this case is that the defendant sent a victim a letter that may cause a sense of sexual humiliation or aversion through the victim C's cellular phone at least six times, and in light of the content, motive, frequency, etc. of the crime, the liability for the crime is not provided against the victim.

Considering the fact that the lower court sentenced a sentence that has been mitigated than the fine amount of the summary order (3 million won), and all other circumstances constituting the conditions for the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed to be too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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