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(영문) 대전지방법원 2015.08.19 2015노1273
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

(a) It is unfair that the registration of personal information of the improper defendant is made;

B. The sentence imposed by the court below on the defendant (2 million won of fine and 16 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes which makes a judgment on the unfair argument on the registration of personal information provides that "a person who is finally convicted of a crime under Articles 2(1)3 and 4, 2(2) (limited to paragraph (1)3 and 4) and 3 through 15, and a crime under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, or a person against whom an order to disclose information has become final and conclusive pursuant to Article 49(1)4 of the same Act, shall be a person subject to registration of personal information: Provided, That this case's crime constitutes a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and where a conviction is finalized in connection with a crime in the judgment of the court below, a defendant shall be a person subject to registration of personal information as a matter of course pursuant to Article 42(1) of the Act on Special

Therefore, the judgment of the court below to the same purport is justified, and the defendant's assertion that the registration of personal information is improper is without merit.

B. In light of the content of the motion picture confirmed by the Defendant’s message sent by the Defendant on the assertion of unfair sentencing, the crime’s nature is not less than that of the Defendant, and the victim’s intent to punish the Defendant is disadvantageous to the Defendant.

On the other hand, it is against the defendant's recognition of all of his own crimes, and the defendant's awareness of the victim's intention to commit the crime in this case, and there are some circumstances that can be considered in relation to the circumstances of the crime in this case.

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