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(영문) 청주지방법원 2016.11.11 2016노591
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor, eight hours of community service, and forty hours of sexual assault treatment programs) declared by the court below is too unreasonable.

2. The lower court determined that the Defendant was sentenced to punishment by taking account of the circumstances unfavorable to the Defendant, such as the fact that the Defendant led to the confession and reflect of the crime, the fact that the Defendant deposited one million won for the victim, the fact that the Defendant did not have any previous fault, and the victim was suffering for a long time from the Defendant and sought a severe punishment.

In light of no change of circumstances compared to the original judgment in the trial, and the overall sentencing conditions and statutory punishment as shown in the records and arguments, the sentencing judgment of the original court is not deemed to have exceeded the reasonable bounds of discretion.

Therefore, we cannot accept the defendant's argument during the sentencing.

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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