강제추행
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 is that the Defendant, on the surface of the water, engaged in an intentional physical contact with the victim's chests and parts on the buckbucks, and there is no intentional indecent act with the intent of indecent act by compulsion.
2. The Defendant and his defense counsel asserted only the original mistake of facts as the grounds for appeal. After the deadline for submitting the appellate brief (the Defendant asserted misunderstanding of the legal principles as to the principle of prohibition of disadvantageous change in the statement of pleadings submitted on May 21, 2020 on the second trial date, which was held on May 21, 2020, and the Defendant’s notification of the receipt of the notification to the defense counsel was served on February 27, 2020, respectively), “The Defendant issued a summary order of “three million won in fine and forty hours in order to complete a sexual assault treatment program” at the Jeonju District Court (the Jeonju District Court Decision 2019Da631, Feb. 7, 2019), the lower court did not request formal trial on this case, and further examined the Defendant’s assertion that “The period for submitting the notification of the notification to the defense counsel was in violation of the principle of prohibition of disadvantageous change in the number of children and juveniles,” and further examined the grounds for appeal.”
A. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”); Article 56(1) of the same Act (amended by Act No. 15352, Jan. 16, 2018) does not exceed a sex offense against children and juveniles, or a sex offense against adults.