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(영문) 대전고등법원 2017.05.12 2017노80
폭행치사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 13 years.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The victim did not feel a sense of sexual humiliation or aversion at the time of delivering to the victim the text message as stated in the judgment below at the time when the victim sent the victim a text message as stated in the judgment below (hereinafter “Defendant”) on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media). In light of the victim’s attitude responding to the Defendant, the victim did not feel a sense of sexual humiliation or aversion at the time.

B. K does not clearly identify the Defendant as a criminal, and it is difficult for K to make the judgment that he/she is the same person as a male and a defendant in image presumed to be a criminal who had been recorded in the black box of a vehicle after the scene of the crime. It is difficult for K to conclude that the Defendant is a criminal.

Even if the Defendant is the man, the Defendant merely put his blood in the kn's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k'

(c)

In the absence of direct evidence to support the Defendant’s assaulting of the victim, this part of the facts charged is sufficiently proven to the extent that there is no reasonable doubt, solely with such indirect evidence as witness statement before and after the commission of the crime, CCTV images around the scene of the crime, the Defendant’s happiness, the Defendant’s physical exercise, the Defendant’s Internet search history, etc.

It is difficult to see it.

2. Judgment on the grounds for appeal

A. The lower court found the facts indicated in its reasoning based on the evidence adopted by the lower court on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), and, in light of such facts, found the Defendant guilty of this part of the facts charged.

The decision was determined.

The court below is legitimate.

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