성폭력범죄의처벌등에관한특례법위반
The prosecutor's appeal is dismissed.
1. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on September 9, 2015 among the facts charged in the instant case (misunderstanding the facts about the acquittal portion among the judgment below) by the prosecutor, the Defendant’s statement that the Defendant served as the operator of H tourist hotel by the end of August 2015 and continued to work as the head of the public relations team of the said hotel until September 2015 and continued to engage in public relations activities in the vicinity of the Defendant’s residence is difficult to believe in light of the circumstances, and that K who is the manager of H tourist hotel did not attend the hotel from the end of August 2015 to the hotel.
In full view of the facts stated, the fact that the Defendant submitted false personal information on September 9, 2015 can be recognized as having submitted modified information, such as written in paragraph (2) of the facts charged.
Nevertheless, on September 9, 2015, the lower court found the Defendant not guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, thereby misleading the fact and causing the lower judgment to have affected the conclusion
2. The lower court, based on the written statement that the Defendant prepared by I, the representative of H tourist hotel G located in Gangwon-do (hereinafter referred to as “the said statement person”) (the H tourist hotel business operator located in Sung-gun, Gangwon-do).
A entered the above H tourist hotel in early August 2015 and worked in the carhouse. On August 2015, 2015, A was released from the principal's house in the Gyeonggi-do, the end of Gyeonggi-do, and promoted the H tourist hotel in Korea at that place.
Before a person who made the statement, he/she created a name stating the position of "A" as "the head of the hotel publicity team" and paid wages to A in the name of his/her mother-friendly passbook by September 2015.
“) Around August 29, 2015, the Defendant’s mother submitted the I’s certificate of personal seal impression issued by the I himself/herself, his/her business registration certificate, name, and evidence. The Defendant’s mother submitted the I’s passbook under the J as well as the details deposited in KRW 1,50,000 on August 29, 2015, and around September 25, 2015, it is difficult for the Prosecutor to view the said I’s written statement as false.