Claim of "Factual Error" Against First Instance Sentencing Suspended Prison Term

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[Asia Economy Honam Reporting Headquarters, Reporter Park Jin-hyung] A man in his 30s who was convicted in the first trial for possession of child pornography showed tears in the first appeal trial, pleading that he was a victim of coercive investigation.


The Gwangju District Court Criminal Division 2 (Presiding Judge Kim Jin-man) held the first hearing on the day for A (30), who was indicted on charges of violating the Act on the Protection of Children and Juveniles from Sexual Abuse (possession of obscene materials).


A appealed on the grounds of factual error, and the prosecution requested the court to dismiss the appeal.


In court, he stated that "I was subjected to coercive investigation at the Gwangju Bukbu Police Station in January last year, and because of this, I even attempted an extreme choice."


According to A, the investigating officer induced him to give statements as told, saying things like "You did it out of curiosity."


A claimed that although he answered according to his conscience, the investigator repeatedly asked questions when answers were not as desired, and showed an unfriendly and high-handed attitude, mixing in informal speech.


He suffered great shock from the coercive investigation, received treatment at a psychiatric hospital, then went up to the rooftop of his home, sent a text message to a friend saying "It's too hard," and decided to make an extreme choice but failed.


During his final argument in court, he was overwhelmed with emotion and could not continue speaking properly, so he asked the court for understanding by saying "I'm sorry," and struggled to continue his claims.


Finally, he emphasized that "The possibility that statements were made unwillingly due to coercion and inducement by investigative agencies should not be excluded," arguing that the evidence has no probative value.


He was sentenced to six months in prison with a one-year probation in the first trial.


The appeal verdict is scheduled for December 22 at 2 p.m.





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