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(영문) 서울중앙지방법원 2016.07.22 2016노205

강제추행

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not forcibly commit an indecent act against the victim G (hereinafter “victim”) as in the facts charged.

2) The punishment of the lower court is heavy.

B. The Prosecutor’s sentence of the lower court is light.

2. The prosecutor, after filing an appeal, filed an application with the court for revision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to the name of the preliminary crime, while maintaining the existing facts charged which the court below found guilty. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 37 and 38 of the Criminal Act, Articles 16(2), 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 49(1)2 and 50(1)2 of the Act on the Protection, etc. of Children against Sexual Abuse, and Article 50(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, applied for the amendment of the indictment to the name of the preliminary crime as a preliminary charge.

Since the subject of adjudication was changed, the judgment of the court below cannot be maintained.

Even so, the defendant's assertion of mistake is still subject to determination.

[Preliminary facts charged] Each of the provisions of paragraphs 1 through 3 of the main facts charged is the primary facts charged, except that the phrase “the indecent act of a female by force was committed by a deceptive scheme or by force against the female under the protection and supervision of the defendant due to business or any other relation.”

3. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the primary charge is a person who works as a pastor of the AE Religious Organization ( frequently referred to as the “AF”), from October 2012 to March 2015.

1. On May 9, 2014, at around 22:30 on May 22:30, 2014, the Defendant is a person who, as a member of the above D church, drinks a drink, such as a victim (n, age 46) who was first introduced on the date, as a member of the above D church (hereinafter referred to as “F”).

", i.e., deep sea level," and f.e., good.