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(영문) 대구지방법원 2015.11.19 2015노198
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and twenty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The crime of this case is deemed to have reached the victim’s voice and image that may cause a sense of sexual humiliation or aversion with an intent to satisfy the sexual desire, and its nature is not good.

It is recognized that the strict punishment of the defendant is necessary because it did not reach an agreement with the victims or recovery of damage up to the trial.

However, the defendant recognized the mistake of the crime of this case and is in profoundly against it, and there is no criminal record prior to the crime of this case.

In addition, in full view of the motive and background leading to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions shown in the records and pleadings, the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “a statement made by the defendant in the trial court” in the summary column of the evidence, and thus, it is identical to the statement in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 3

Application of Statutes

1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Where a conviction becomes final and conclusive against the accused on the criminal facts subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, the accused shall be punished against sexual

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