(영문) 창원지방법원 2017.06.08 2017노51 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.06.08 2017노51

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower judgment (the sentence of 2 years of suspended sentence in October, 40 hours, the number of years of suspended sentence, the number of years of suspended sentence, 1, 2) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.

2. The following facts are favorable grounds for sentencing: (a) the Defendant led to the confession of a crime; (b) the Defendant has no previous record; and (c) the Defendant’s confidential information of, or his/her photographed children cannot be deemed to have been leaked; (b) the period of the crime is reasonable; and (c) the victims are also many victims; and (d) no agreement has been reached with the victims, etc.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment of the court below is judged to be appropriate, and there is no change of circumstances to be considered additionally in the trial, and thus the Defendant and the Prosecutor’s assertion

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (where a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (holding of obscene materials) in the holding of the lower court, which is a sex offense subject to registration of new information, becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, in full view of the statutory punishment, nature of each of the crimes of this case, and the circumstances leading to the aggravation of concurrent crimes, the lower court’s judgment that did not deem that the period of registration of personal information under Article 45(4) of the same Act has

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

유사 판례

-창원지방법원 2018.02.08 2017노3589

-창원지방법원 2017.03.16 2016노1147

-창원지방법원 2017.07.20 2017노1067

-창원지방법원 2017.03.16 2016노3292

-광주지방법원 2017.10.11 2016노5031