logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2014.11.27 2014노413
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) There was no fact that the Defendant, as indicated in the table of crime (i.e., Nos. 6 and 7) as indicated in the judgment of the court below, posted pictures or letters to F. 2) The sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the Defendant, upon being examined by the police, stated that there was a fact that he posted the same writing and photograph as the statement Nos. 6 and 7 in Q as indicated in the judgment of the court below (Evidence No. 94, 95 pages), but the prosecutor’s office asked at any time and at any time asked questions about the same writing and photograph as described in the above Nos. 6 and 7, and then “(victims) I gld with the victim)” on September 16, 2013 through Handphones from the house around 17:00 on September 16, 2013. The Defendant stated that Q Q was put into Q, and Q was put into a obscene site.

(Evidence Records 165 pages) Furthermore, the Defendant asked questions as to whether the phrase “I am soon, I am good” was written on the basis of Monson’s facts, and stated that “I am am fy, I am hyd. I am hyd. I do not do the sexual professional language used in F. I am hyd.”

As such, in light of the fact that the Defendant, upon being examined by the prosecution, posted the above writing and the photograph to Q in Q as described above in Q in the police statement, and the Defendant’s statement was corrected by Q rather than Q (it was corrected and stated by the Defendant himself, even though the prosecutor did not bring a writing and photograph into Q on the basis of specific material, it cannot be deemed that the above statement made by the Defendant at the prosecutor’s office was false. Ultimately, by the Defendant’s confession and other evidence, the above statement made by the Defendant cannot be deemed as false, and is written in the same article as described in the No. 6 and No. 7 of the crime list.

arrow