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(영문) 수원지방법원 2016.11.17 2016노6437
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

The judgment below

The defendant's appeal against the accused case is dismissed.

The judgment below

Part of the compensation order.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. In light of the following: (a) the Defendant recognized the error of unfair sentencing against the accused case; (b) the degree of injury and damage to property and damage to property is minor; and (c) the Defendant received and delivered narcotics using a mobile phone display system relatively small amount of narcotics, and thus failed to cooperate with the investigation because he did not know well about the upper part of the sales of narcotics; and (d) the lower court’s sentence, which sentenced the Defendant to order sexual assault treatment program completion for three years, six months and forty hours, is too unreasonable.

B. An application filed by an applicant for compensation by misunderstanding legal principles as to an order for compensation shall be dismissed as it falls under a case where the existence or scope of liability for compensation is unclear.

Nevertheless, the lower court erred by misapprehending the legal doctrine on “compensation order” under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by ordering an applicant for compensation to pay the repair cost of KRW 500,000, consolation money of KRW 500,000, which affected the conclusion of the judgment

2. Determination

A. The crime of this case regarding the assertion of unfair sentencing against the accused case is not sufficient to commit the crime of this case as to the assertion of unfair sentencing against the victim E, who is the wife of his/her friendship, by transmitting the Defendant’s sexual photograph and self-defluence to the Defendant’s sexual phone to his/her mobile phone four times, using a communication medium, obscenity, destroying the Defendant’s office, glass and locks of the victim D, by pushing the Defendant’s sexual intercourse with his/her head, by pushing the Defendant’s friendly appearance, by pushing the victim’s flaps, by carrying the flaps, leading the victim’s body, pushing the victim’s body, and by pushing the victim’s flaps, and by providing, giving, receiving, or selling the hemp, etc., the Defendant committed the crime of this case on February 20, 2014, and even if he/she had the history of criminal punishment for the same kind of crime, and each of the crime of this case was committed again during the period of time, as a violation of discipline by the detention house.

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