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(영문) 대구지방법원 2016.08.12 2016노1024
사기등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In full view of the evidence submitted by the prosecutor in each part of Defendant A’s attachment Nos. 2, 3, and Defendant B’s attachment Nos. 2, 2, 1, 4, and 7, among the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) concerning the Punishment, etc. of Sexual Crimes, the court below acquitted the Defendants of this part of the facts charged, despite the fact that the Defendants conspired with each other to have taken pictures of sexual intercourse between Defendant A and the victim against the victim’s will as shown in the attachment Nos. 2, 2, 3, 2, 3, and 7, 2, 3, 2, 2, 3

B) Comprehensively taking account of the evidence submitted by the prosecutor on the part of the crime of coercion by Defendant B, Defendant B recognized the fact of obtaining money based on sexually related dynamic images, separate from the preparation of a loan certificate, and thus, the crime of coercion is established separate from the crime of coercion.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendants (Defendant A: one year of imprisonment, 80 hours of order to complete the course, 1 year of suspended sentence, 2 years of suspended sentence, 1 year of probation, 1 year of community service, 160 hours of order to attend the course, 40 hours of order to complete the course, and 40 hours of confiscation) is unreasonable.

B. According to the statement on the grounds of appeal as of June 16, 2016, the amount of the money borrowed by Defendant A from the actual victim is different from the amount of damage indicated in the facts charged, and according to the attorney’s statement on the grounds of appeal as of June 16, 2016, Defendants 1 did not receive money as stated in the attached Table 1 of the crime sight table 2, 4, 6, 8, and 13, and the amount of money stated in paragraphs 10, 11 of the year was repaid.

There was no intention to obtain the above money by deception.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty has affected the conclusion of the judgment.

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