성폭력범죄의처벌등에관한특례법위반(비밀준수등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case of mistake of facts, the indictment in the case of the 2019 Highest 2109 case specifies dangerous articles as “understanding”. However, according to the evidence in the judgment below, the court below acknowledged the criminal facts by changing dangerous articles into “a dangerous object” on the ground that it is difficult to determine “understanding” or “underlying shape,” even though it is recognized that the Defendant, which is a dangerous object, was placed in one of the “understanding,” and recognized the criminal facts on the ground that it is difficult to determine “understanding”. The prosecutor did not appeal this, and thus, this part of the allegation is based on the criminal facts recognized by the court below.
At the time, the defendant did not have committed a dangerous act to the victim K's head.
Nevertheless, the judgment of the court below which found the defendant guilty on this part is erroneous.
B. The sentence sentenced by the court below on the grounds that the sentence of unfair sentencing (two years of suspended sentence for two years of imprisonment and fine of four million won for two years of imprisonment) is too unreasonable.
2. Determination
A. In the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., (i) the victim stated at the time of the first police investigation that “the victim was seated in the bank, on the ground that there was no favorable benefit in the room,” and (ii) the defendant stated at the police investigation that “the head was taken once again on several occasions due to his/her own use,” and “the head was taken once again on several occasions,” and (iii) the police investigation record 42 and 43 of the investigation record stating that “the defendant was only when her head was her head and her head was her head at a far away from the room,” and that “the victim was not asked at any time when her head was her head was her head at a far away from the room.” At the time of the police investigation.
The difference between the two is as follows.