(영문) 청주지방법원 2021.02.17 2020노524 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2021.02.17 2020노524

상해등

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of probation, two years of community service, 240 hours of lectures to treat sexual assault, 40 hours of confiscation, 3 years of employment restriction) is too unreasonable.

B. The lower court acquitted the prosecutor (1) of the fact-finding (not guilty part of the lower judgment) on the recording of the use, such as a camera No. 1 and No. 2, the crime inundation No. 1 and 2.

Although the Defendant’s photographs Nos. 1 and 2 were received from a person in the name and was not directly taken by the Defendant on the website of “J”, considering the circumstances leading up to the reversal of the Defendant’s statement, etc., the Defendant may also be found guilty of this part of the facts charged, taking into account the following: (a) the fact that it is difficult to believe in light of the circumstances leading up to the reversal of the Defendant’s statement; (b) the fact that the Defendant had taken photographs are identical with the fact

Therefore, the judgment of the court below is erroneous in misconception of facts.

(2) The sentence sentenced by the lower court is too unfortunate and unreasonable.

2. Determination

A. (1) The lower court acquitted the Prosecutor on this part of the facts charged for the following reasons in determining the Prosecutor’s assertion of mistake.

Defendant’s assertion at the J website in 2018: (a) reported that a person using a “K in English” and an Arabic (ID) mixed with numbers posted a female bridge photograph on the Cheongju-si’s background; and (b) received a large number of pictures, including the instant pictures.

Since the above person’s video photographing techniques (which naturally difference from a person’s view after operating the video photographing function of a mobile phone, is to take the video image by going to the lower end of the upper end of the mobile phone, and is then taken back from March 2019, the video of this case does not directly take the image of this case.

Judgment

A. The recognition of criminal facts in a criminal trial shall be made by a judge.

유사 판례

-서울고등법원 2021.01.22 2020노1988

-대전지방법원 2017.12.06 2017노1867

-서울동부지방법원 2018.01.11 2017노945

-서울남부지방법원 2014.06.20 2014고단1294

-서울서부지방법원 2018.06.28 2017노1663