logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.10.14 2020노161
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the victim C’s consent was obtained in relation to the crime No. 1 as stated in the judgment of the court below, it was not taken against the victim’s will, but was de facto waterway without the intention to spread.

(2) In relation to Article 2-2 (a) of the facts constituting an offense in the original judgment, the defendant may not take photographs of C.

(3) As to the facts constituting the crime of paragraph (3) of the judgment below, C first proposed a perjury, the defendant does not instigate a perjury.

(4) As to the facts constituting the crime of paragraph (4) of the judgment below, there was no purpose of retaliation against the defendant, since the defendant sent text messages to the victim because he emb embs the defendant.

(b) Each of the above arguments is indicated as “as indicated in paragraphs 1 through 4.”

At the time of each of the crimes in this case involving mental disorder, mental disorder or mental disorder was in a state of mental disorder or mental disorder.

C. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, first of all, we examine whether the defendant photographs the body of the victim without the consent of the victim.

In the lower court’s argument that this part of the grounds for appeal are the same, and the lower court stated that: (a) the victim C did not have consented to the victim’s body at the time of photographing the victim’s body in the prosecutor’s office and the lower court’s court; (b) the Defendant made a statement in the prosecutor’s office that there was no explicit permission from the victim to the effect that “the victim was taken without considering the victim’s mind,” and (c) the Defendant appears to have taken pictures in the situation where the victim was locked by the victim in light of the victim’s statement and the Defendant’s body and the photograph taken.

arrow