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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2017.02.16 2016노2617
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts) The Defendant maintained internal relations with the victim, received consent from the victim by giving and taking photographs of body taken over several times, etc., and sent the victim’s sexual photo, etc. believed to have obtained consent from the victim. As such, the Defendant’s above act by the victim does not go against the intent of the victim and does not constitute a crime or the illegality thereof is dismissed.

B) The Defendant only resisted in a state of emotional attack and did not threaten the victim for the purpose of having the victim cancel the complaint.

C) Since the Defendant did not know that the contents of the complaint were false, the Defendant did not have any intention to make a false accusation against the Defendant.

D) Nevertheless, the lower court convicted all of the facts charged of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

2) In light of the evidence submitted by the prosecutor as to the facts, the court below acquitted all of the facts charged in the instant case on the charge of forging a letter of agreement in the name of R, which is a private document concerning rights and obligations for the purpose of the exercise of rights and obligations and exercising the agreement on the use of such agreement. However, the court below acquitted the Defendant of all of the facts. The court below erred in the misapprehension of facts.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. Determination as to the Defendant’s assertion of mistake of facts

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