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(영문) 대구지방법원 2017.11.24 2017노3284

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. When considering the fact that the Defendant (as to the guilty part) had a sexual intercourse with the victim several times, it is difficult to regard the content of the crime sight table Nos. 10 through 19 as “the message causing a sense of sexual humiliation or aversion” in the judgment of the court below, and there was a “for the Defendant to satisfy the sexual humiliation” against the Defendant.

shall not be effective.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. In light of the fact that the Defendant, despite the victim’s refusal intention, continuously mentions the victim’s specific parts or uses sexually expressing the victim’s sexual desire, the Defendant can sufficiently be recognized that the Defendant sent E messages, such as 1 to 9 re-mail of crime sight table, as indicated in the holding of the lower judgment, with a view to meeting the victim’s sexual desire.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine (number 10 to 19 parts per annum of crime table as indicated in the judgment below) 1) The Defendant also asserted that the grounds for appeal are similar to those of the lower court. In full view of the contents of the text, the nature of the expression, the response of the victim, etc., the lower court, as a whole, grant a sense of sexual humiliation by giving the victim a sense of sexual humiliation by giving rise to the expression “sexual humiliation or aversion” under the social norms, and ② sexual humiliation under Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, as well as sexual humiliation under the social norms.