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(영문) 서울서부지방법원 2013.03.25 2013노164
강요등
Text

The judgment of the court below is reversed.

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

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal by the defendant is that the punishment imposed by the court below (five months of imprisonment) is unreasonable.

2. The crime of this case was committed on the Internet because the defendant forced the defendant to commit an obscene act against the juveniles with mental or physical disorder and displayed his image on the Internet. However, it is very poor that the defendant has no criminal records except the fact that the defendant has been suspended for indictment once, recognized his mistake and reflects his depth, agreed with the legal representative of the victim in the trial, and other circumstances such as the defendant's age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, etc., it is determined that the sentence of the court below is inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 8 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 324 of the Criminal Act concerning the crime committed;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where this judgment becomes final and conclusive to submit personal information under Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be a person subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and shall be obliged to submit personal information to the competent police station pursuant to Article 34

However, the disclosure order of registered information needs to be prudent in that it may have a significant impact on the rehabilitation of the defendant, and in this case, the defendant is a defendant to some extent only with the registration of personal information.

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