(영문) 대구지방법원 2017.08.18 2017노827 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.08.18 2017노827

협박등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant (as to the guilty portion), there was a misunderstanding of the facts and legal principles that the Defendant made the victim a statement as stated in this part of the facts charged, it was merely a mixed standard, and it did not intend to insult the victim, but did not have a public performance.

shall not be effective.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the judgment.

2) The punishment of a fine of one million won imposed by the lower court is too unreasonable.

B. The prosecutor 1) misunderstanding of the legal principles (as to the part of innocence), the video recording of the victim’s statement and the investigation process against the victim, which are direct evidence of the facts charged in this part, are prepared in “ particularly reliable circumstances” and their admissibility is recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on the charge of forced indecent act and intimidation by deeming that it cannot be admitted as evidence of guilt, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2) The above sentence sentenced by the lower court with regard to an unfair sentencing (as to the conviction) is too uneasible and unfair.

2. Determination

A. The court below also asserted that the defendant's mistake of facts and misapprehension of legal principles are similar to the grounds for appeal, and the court below rejected the above argument and found the defendant guilty of this part of the facts charged in light of the records of this case, the court below's decision is just and acceptable, and there is an error of law by misunderstanding of facts or by misunderstanding of legal principles which affected the conclusion of the judgment.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

B. This part of the Prosecutor’s assertion of misapprehension of the legal doctrine is examined.

유사 판례

-대구지방법원 2017.10.27 2017노2177

-의정부지방법원 2018.01.31 2017노3137

-수원지방법원 2017.08.18 2017노1316

-부산고등법원 (창원) 2017.11.22 2017노254

-의정부지방법원 2016.03.25 2016노292