창원지방법원 2015.01.08 2014노1985



The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.


1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below which held that although the defendant did not have committed an indecent act by force against the victim, the defendant committed an indecent act by force against the victim was erroneous and adversely affected the conclusion of the judgment.

B. The Defendant asserts that the sentence of the lower court (a fine of five million won and the completion of a sexual assault treatment program) is too unreasonable.

2. Determination

A. On December 5, 2013, the Prosecutor applied for the amendment of a bill of amendment to the indictment, which changed “as of December 5, 2013,” from among the facts charged, to “as of December 5, 2013,” at the trial court. Since the subject of the judgment was changed by this court’s permission, the lower court was no longer able to maintain.

However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in

B. On December 5, 2013, at around 20:50 on December 5, 2013, the altered charge No. 1, the Defendant committed an indecent act by force against the victim’s right chest, even though the victim expressed his intention of refusal, the Defendant was guilty of the previous charge prior to the alteration. (2) The lower court found the Defendant guilty of the charge prior to the alteration.

3. The following circumstances revealed by the evidence duly adopted and investigated by the lower court for the trial of the political party, namely, ① the victim has consistently stated the facts of damage from the investigative agency to the court of the lower court, and in particular, the police officers dispatched to the scene immediately after the case also from the Defendant: