성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the Defendant guilty of the injury among the facts charged in this case is erroneous in misunderstanding of facts, and the punishment of the court below (2 million won) is too unreasonable.
B. The judgment of the court below which acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) since the expression “the time when the Defendant talks” can be deemed as an expression expressing sexual act in light of the relationship with the victim. Thus, the judgment of the court below which acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged
2. Determination
가. 피고인의 사실오인 주장에 대한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하면, 피고인이 2013. 9. 12.경 피고인의 형수에게 지급된 교통사고 보상금 40만 원을 피해자가 가로챘다는 이유로 피해자에게 욕설을 하면서 손으로 피해자의 얼굴과 팔 부위를 수회 때린 사실, 이로 인하여 피해자가 2주간의 치료가 필요한 우측 결관절 염좌 등의 상해를 입은 사실을 인정할 수 있으므로 피고인의 주장은 이유 없다.
B. (1) The summary of the facts charged in the instant indictment of the Prosecutor’s misunderstanding of facts is as follows: (a) the Defendant sent to the victim a speech that may cause sexual humiliation or aversion by saying, “I think of time” and “I think of time,” on July 2013, the Defendant sent to the victim the victim a reply to “I think of time,” with the intent to arouse or satisfy his or another person’s sexual desire,” and “I think of time, at the risk of his or her resistance.”
(2) On the judgment of the court below, the court below erred by misapprehending the legal principles.