logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.28 2018노4052
협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. against the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Defendant did not send two video images to the victim on April 23, 2017, as indicated in the attached Table 3 of the lower judgment, and the remainder was merely an expression of labor against the victim without arranging the appraisal of the victim, and there was no intention to cause the victim to feel fear, and the victim did not feel fear or apprehension.

B) As the Defendant’s letter of intimidation is not sealed, the phrase alone cannot be deemed as intimidation. 2) The sentence of an unreasonable sentencing (eight months of imprisonment, two years of suspended execution, two years of probation, community service, etc.) of the lower court is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (as to the acquittal part), K’s phone number (hereinafter “instant phone number”).

(2) The lower court’s judgment on the grounds that the Defendant’s body was exposed to the Plaintiff’s husband’s philosophical hall operated by the Defendant, not the victim, to use the victim’s husband’s philosophical hall operated by the Defendant’s husband for business purposes, and that the Defendant’s photographing the victim’s body through the said number’s G Meger constitutes a crime of violating the Act on the Punishment of Sexual Crimes

2. Determination of misconception of facts as to the guilty part of the defendant

A. As to the violation of Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, the Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion

The following circumstances, which are acknowledged by the lower court and the evidence duly adopted and investigated by this court, are consistent with this part from the investigative agency to the appellate court.

arrow