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(영문) 부산고등법원 2018.05.24 2017노605
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not photograph the sexual intercourse with the victim, misunderstanding of facts and misapprehending of the legal doctrine.

“whether § 22(b) is a dynamic image, which may be vagabonds.

There was no threat to the victim by transmitting the message “”.

The text message of this content is not presented as evidence, and the victim's statement corresponding thereto is not reliable.

Even if the Defendant sent such text message to that effect,

This does not reach the level of harm that has been notified as a result of the dispute over human beings.

B. The punishment sentenced by the lower court (five years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court, the Defendant’s intimidationd the victim as stated in paragraph 3 of the lower judgment.

The defendant and defense counsel's allegation in this part is without merit.

① At an investigative agency and the court of the court below, the victim’s “in the course of exchanging the Defendant’s message to the unsatisfy on August 2015, 2015, the Defendant would be able to gypt with the Defendant’s message.”

“The message sent”.

In addition, the defendant sent and continued to meet his/her photographic photo that he/she prepared.

Accordingly, the Defendant sent the answer to “the Defendant who died of his match,” and sleeped, and the Defendant sleeped on the following day, and there was an unfolded message from the Defendant.

On that date, the victim stated that § 132 was not the expression “abbb-a-the-counter video was not sent to the public,” (which is the 132 pages of the evidence record, and the 1st page of the record of the court below for the victim).

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