The judgment below

Part of acquittal shall be reversed.

Of the facts charged in the instant case.

Summary of Grounds for Appeal

Defendant (the guilty part of the judgment of the lower court) heard that documents, etc. of D (hereinafter “D”) are being taken out at night, and installed a mobile phone camera in the vicinity of the victim E’s book where D documents, etc. are kept, and the victim’s sexual intercourse is merely taken, and there was no photograph of the victim’s sexual intercourse against the victim’s will.

Nevertheless, the court below found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, which is due to erroneous mistake of the facts.

According to the facts-finding by the prosecutor (not guilty part of the judgment of the lower court) network H (hereinafter “H”) and the victim’s conversation recording records, the Defendant and the victim’s conversation recording records, etc., it is sufficient to recognize that the Defendant and H conspiredd with each other to threaten the victim by threatening the victim with the video CD in which the victim’s influence was taken.

Nevertheless, the court below rendered a not-guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (public conflicts) among the facts charged in this case.

In light of the statement of grounds of appeal submitted by the prosecutor and the prosecutor’s statement in the process of the trial at the trial at the court of appeal, the “not guilty portion” stated in the “Scope of Appeal” column submitted by the prosecutor appears to be an error in the entire judgment of the lower court.

The sentence (2 million won of a fine) sentenced by the court below against the defendant is too unhued and unfair.

Judgment

In the first instance of the trial, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes with the fact that the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (public conflicts) was committed, and applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.