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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2014.10.24 2014노2343
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It was true that the defendant made the same remarks as the entries in the facts charged in the instant case while communicating with the victims, but this was to oppose the victims who interfered with the operation of the hospital by repeatedly speaking with the Defendant, and there was no "purposes to arouse or satisfy his own or another person's sexual desire."

B) Even if the Defendant had such objective, the Defendant’s act constitutes self-defense, erroneous defense, or excessive defense, as long as the Defendant’s act is to be against the belief that there was an unfair infringement of the victims’ rights, and thus, constitutes self-defense, erroneous defense, or excessive defense. 2) The sentence of the lower court on unreasonable sentencing (fine 4,00,000 and 40 hours of program) is too unreasonable

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of misapprehension of legal principles

A. The judgment of the court below stated as follows: (a) as to whether there was "the purpose of inducing or meeting the sexual desire", the defendant stated in an investigative agency that "at the time, the victim thought that "at the time, the victim made a fighting with the intention of inducing or meeting the victim," "the victim thought that "the victim would have made a deduction of sexual organ during the sexual relation (vehicle)" and "the victim would have made a deduction," and "the victim would not have a bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a sexual desire," and "the other party would not think that he would have caused a sense of sexual humiliation only by taking advantage of the body condition of the defendant, and that at the time, the victim was unable to have repeatedly made a call due to the victim's enjoyment of words such as criminal facts in the judgment of the defendant.

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