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(영문) 서울중앙지방법원 2019.10.17 2018노3272

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (Definite or misunderstanding of legal principles) did not have any finite or negative appearance of the victim as stated in the facts charged, and the victim’s statement that can be the only evidence consistent with the facts charged is unreasonable and unreasonable, and it is difficult to credibility against the empirical rule.

In addition, the victim does not constitute “a person under his/her protection or supervision due to business, employment or other relationship” as provided by Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applied in relation with the defendant.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and erroneous.

B. The prosecutor (e.g., imprisonment with prison labor for not less than two years) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. The Defendant, at around 20:00 on June 25, 2017, refused the victim to propose “C” (hereinafter “C”) that “A” in the “Spanish site operated by the Defendant located in Seocho-gu Seoul Metropolitan Government for about two hours after having held the fright and the fright and the fright of the victim’s chest and the fright of the victim’s chest and the fright of the victim’s chest and the fright and the fright of the victim’s chest and the fright of the victim’s chest and the fright and the fright of the victim’s chest and the fright and the fright of the victim’s chest and the fright and the fright of the victim’s fright and the fright and the fright of the victim’s fright in the same manner as the victim’s fright was put into the fright and the fright of the victim’s fright.”

Accordingly, the defendant committed an indecent act against the victim by using his occupational position.

B. The lower court rejected the Defendant’s assertion denying the indecent act and found the Defendant guilty of the instant facts charged.

(c)review the case;