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(영문) 창원지방법원 2019.03.28 2018노2816

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that a mistake of facts (not guilty part of the judgment of the original instance) E talks that the complainant F had the words written in this part of the facts charged from the defendant, that E made a detailed statement from the police about the circumstances surrounding the above remarks, and that E did not reasonably explain the circumstances leading up to the reversal of the statement made by the investigative agency at the time when testimony was made in the court of original instance, the court below acquitted the complainant of this part of the facts charged, even though it is sufficiently recognized that the defendant has damaged the reputation of the victim as shown in this part of the facts charged by the statement made by E investigation agency with a higher credibility, the court below acquitted him of this part

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, two years of suspended sentence, 40 hours of sexual assault treatment lecture, 120 hours of community service order, 3 years of employment restriction order) is too uneasible and unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles 1) The summary of this part of the facts charged was that the defendant made a statement to the purport that "A is liable for the life of the defendant" is "A is responsible for the life of the victim because C was collapsed," although it did not say that "A is responsible for the life of the victim in the house", the court below made a false statement to E by openly pointing out false facts. 2) The judgment of the court below that the court below adopted and investigated the evidence, i.e.,, the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e.,, the court below made a statement to the purport that "A is responsible for the life of the defendant" of the defendant, and the statement to the purport that "A is responsible for the life of the defendant" is not stated in the facts charged, and considering E's attitude to make a statement to E, E, and the relationship between the defendant and the defendant.