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(영문) 의정부지방법원 2019.07.18 2018노2333

강제추행

Text

The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, an indecent act by compulsion at around 09:00 on October 1, 2016.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts: “Secondary indecent act by indecent act by indecent act by indecent act by indecent act by indecent act below 09:00 on October 1, 2016, which the lower court found guilty.”

As to the point of issue, although the defendant put his fingers of the defendant into the victim as stated in this part of the facts charged, the defendant did not have any intention to commit an indecent act at the time, and the defendant did not act against the victim's will. Nevertheless, the court below erred by misapprehending the fact that the court below made a judgment disadvantageous to the defendant by pointing out the content of the report of the reported case which is difficult to recognize credibility and the content of the E-mail between the defendant and the victim containing the contents consistent with the defendant's defense as evidence of conviction. (2) The sentencing division in the sentencing division (the first instance court: 4 months of imprisonment, the suspension of execution one year, and 40 hours of taking

B. Prosecutor (1) misunderstanding of facts: “The primary indecent act committed by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act below October 1, 2016, which was rendered not guilty by the lower court.”

As to the point of view, according to the evidence, including the report of the Special Committee on Sexual Violence Counseling at University on December 10, 2016 and the defendant's first and second apologys, the defendant was found guilty of an indecent act against the victim as stated in this part of the facts charged. However, the court below acquitted the defendant of this part of the facts charged. (2) The judgment of the court below erred by misapprehending the facts charged. (2) The sentencing and light judgment (in the case of original trial, four months of imprisonment, one year of suspended execution, and 40 hours of taking the sexual assault treatment lecture.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018 and enforced on July 17, 2018, was amended by Act No. 15904 on December 11, 2018, and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was enforced on June 12, 2019, when a court issues a sentence of imprisonment or a medical treatment and custody for a sex offense, is a child-related institution, etc. for a given period not exceeding ten years.