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(영문) 대구지방법원 2015.08.13 2014노4058

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not harm the victim, and the Defendant posted the victim’s chest photographs on the Kakao Stockholm, but did not delete them for one minute. Thus, it cannot be deemed that the Defendant publicly posted them.

Nevertheless, the lower judgment convicting of the instant facts charged was erroneous.

B. The punishment sentenced by the prosecutor (2 million won of fine, 40 hours of sexual assault treatment program) is too unfased and unreasonable.

2. Determination

A. In full view of the following facts found by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the victim has consistently stated the facts of damage from the investigative agency to the court of the lower court to the court, and the display of the photographed materials in relation to the display of the photographed materials is up to the number immediately, the lower court’s conviction of the Defendant of each of the charges in this case is justifiable, and thus, the Defendant’s assertion of

B. It is recognized that the defendant does not agree with the victim on the argument of unfair sentencing, and that the defendant does not oppose the defendant's denial of the charge.

However, in full view of the following circumstances: (a) the Defendant has no record of punishment for the same kind of crime; (b) the Defendant was a contingent crime in the course of hedging with the victim; and (c) the Defendant’s age, environment, occupation, occupation, family relationship; (d) the circumstances leading to the instant crime; and (e) the circumstances leading to the instant crime; and (e) the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.