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(영문) 부산고등법원 (창원) 2017.05.10 2016노358
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment below

The guilty portion shall be reversed.

No. 9.0 per annum of annexed crimes No. 1 among crimes of No. 1 of the judgment of the defendant. 9.

Reasons

1. Summary of grounds for appeal;

A. The Defendant explicitly withdrawn the misapprehension of the legal doctrine and the assertion of mental and physical disorder on the first trial date.

1) As to the misunderstanding of facts (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) and intrusion on a structure), if the defendant denies a serious obstacle due to a coercive investigation conducted by an investigative agency and the part of the ramer shooting against the victim C, the defendant made a false confession on this part of the charges due to the police officer's investigation that the credibility of the defendant's statement in relation to the case

In fact, the Defendant did not intrude into a cafeteria restaurant with a view to taking the melting appearance of women, nor did women take a melting gate in the O middle school, etc., and all of the Defendant’s outer west (Evidence No. 3; hereinafter “the instant images”) stored in one west (WD Mysppot) of the seized Defendant’s outer west (Evidence No. 3; hereinafter “the instant external west”) received from a person with the ID “AM” through the P20 program “I”.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment and five years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for changes in the indictment with regard to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (useal and photographing of cameras, etc.) among the facts charged in the instant case as follows, and changed the date and time of the crime, and changed the list of crimes attached to the indictment to the attached list of crimes (2) through (4).

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