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(영문) 제주지방법원 2021.02.18 2020노656

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant, 40 hours of sexual assault treatment lectures.

Reasons

1. Summary of grounds for appeal;

A. As to the criminal facts No. 1 of the judgment of the court below, Defendant 1 did not take photographs against the victim’s will, but did not demand money from the victim with regard to the criminal facts No. 3 of the judgment of the court below, as stated in the judgment of the court below, since the victim voluntarily received the money with regard to the same criminal facts No. 3 of the judgment of the court below, he merely borrowed video or threatened the

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

2) The punishment sentenced by the lower court (two years of imprisonment, forty hours of order to complete a program, and one year of employment restriction order) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Judgment on the grounds for appeal

A. The Defendant alleged to the same effect as the grounds for the above appeal in the lower court’s determination on the Defendant’s assertion of mistake as to facts related to No. 1 of the facts alleged in the lower judgment. The lower court, i.e., circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the victim was aware of the Defendant’s pictures while receiving the Defendant’s request from an

In full view of the following facts: (a) the Defendant consistently made a statement; (b) the Defendant did not have taken the aforementioned sexual acts with the victim before the instant case; (c) the victim knew of the fact that he had taken the pictures and demanded the Defendant to delete the videos immediately taken to the Defendant; and (b) whether the Defendant deleted them even after the instant case; and (c) the victim appears to have been aware of it from the beginning of taking the pictures; and (d) the victim was in the relationship with the Defendant living together at the time when the victim

Even if so, it is implied about the above shooting.