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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2017.05.31 2017노687
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, based on the facts, did not fluorize the defense, and did not do so, as indicated in the instant facts charged, and did not obscenity as indicated in the instant facts charged, and there was no fact of threatening the victim by citing the fluoral disease.

B. The punishment sentenced by the lower court (one year of imprisonment) is excessively unreasonable.

2. Judgment on the grounds for appeal

A. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the crime of obscenity in a public performance, the fact that the Defendant committed obscenity as described in this part of the facts charged can be sufficiently recognized.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by misunderstanding the facts as pointed out by the defendant.

A) The victim reported to the police that the Defendant was engaged in obscene acts, such as the facts charged in this part of the facts charged, and the Defendant reported the police officer dispatched to the scene upon receiving a report and fled.

B) The police officer called up was in a state where the defendant was put up until the time he was arrested as an offender in the act of committing an offense, and the police officer tried to affix a photograph of the defendant after the arrest, and the defective defendant posted a bomer.

C) The victim consistently stated that the Defendant committed obscenity, such as the written facts charged, from the investigative agency to the court below’s decision, and no other circumstance exists to open false statements.

라) 반면, 피고인은 이 부분 공소사실에 관하여 경찰에서 지퍼가 힘이 없어서 저절로 내려간 것이라는 취지로 진술하다가 검찰에서는 병원에서 주사를 맞은 다음에 깜빡하고 지퍼를 올리지 않았다는 취지로 진술하였고, 원심에서 부터는 소변을 본 뒤 실수로...

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