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(영문) 대구고등법원 2018.04.19 2018노82
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment of innocence on the charge of forced indecent conduct among the part of the case of the Defendant, a judgment of conviction on the remaining part, and a judgment of dismissing the prosecutor’s claim on the part of the claim for order of observation on protection. As such, the part of the lower judgment on the guilty part was separately and finally determined, and the part of the lower judgment on the charge of order of observation on protection did not have any interest in appeal, and despite Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, this part is excluded from the scope of the lower court’s judgment.

Therefore, the scope of this court's judgment is limited to the conviction of the defendant case.

2. Summary of reasons for appeal;

A. The Defendant, as stated in the facts constituting a crime in the lower judgment, did not interfere with the victim D, assault the victim F, injure the victim G, or interfere with the H’s duties.

Nevertheless, there is an error of law that affected the conclusion of the judgment by misunderstanding facts in the judgment of the court below that found all of the facts charged.

B. The sentence of imprisonment with prison labor sentenced by the lower court is too unreasonable for one year and six months.

3. Determination

A. As to the assertion of mistake of facts, the Defendant at the lower court also argued to the same effect as the grounds for appeal. Accordingly, the lower court deemed credibility in the statement of the said victims through the examination of the victim D, F, G, and H.

The defendant's assertion was rejected on the ground that each crime committed by the defendant can be sufficiently recognized.

2) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct and psychological principle adopted by our criminal litigation law as one of the elements of the trial-oriented principle, the first instance court’s contents and the first instance court’s method of evaluating credibility.

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