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(영문) 청주지방법원 2020.10.23 2020노349
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to a fine of KRW 5 million (including fine of KRW 5 million, confiscation, order to complete a program) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined punishment in full view of the unforeseen circumstances, and no new

The fact that the defendant's mistake and reflects the defendant, there are no criminal records of the same kind of crime, there are no criminal records, and there are dependents, which are favorable to the defendant.

Each of the crimes of this case is that the defendant stored the victim's phone number, who is a substitute driver's customer, showing the image phone and showing the form of self-defense by putting up the video phone due to the limitation on the phone number display, and the crime is not good in light of the frequency of the crime and the method of the crime, etc., and it seems that the mental suffering, such as sexual humiliation and aversion, which the victim had experienced, appears to have not been considerable

In addition, comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, etc. and all the sentencing conditions shown in the pleadings, the lower court’s sentence cannot be deemed to be excessively excessive beyond the reasonable limit of discretion.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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