공연음란
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) is divided into a hand floor on the clothes with which the Defendant reported the dong in a bus, and the Defendant did not commit self-defense.
2. Determination
A. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of institutions, etc. related to children and juveniles for the ten-year period for a sex offense against children, juveniles, or adults, was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court sentenced the punishment for an individual sex offense case to determine the period of restriction on employment within the scope of ten years for each defendant; Article 3 of the Addenda to the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall also apply to persons who committed a sex offense before July 17, 2018, on which the above Act enters into force, and thus, the above amended Act shall also apply to this case.
However, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. Determination 1 on the Defendant’s assertion of mistake of facts is specific to the extent that the Defendant’s behavior on board the bus, embarrasses and reactions, the process of moving the Defendant’s occupation, and E’s statement on the situation before and after the commission of the crime is consistent and visible.
A false statement was opened on the bus on the day of the instant case with the intent to put the defendant at risk of criminal punishment until the victim initially sees the defendant at the risk of criminal punishment, such as false statement without any reason to put the defendant at risk of criminal punishment.
볼 만한 사정이 전혀 없는데 다가, E의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해 보면, E의...