성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. On May 201, the lower court rendered a not-guilty verdict on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Occupational Authority, etc.), among the facts charged in the instant case, and sentenced a fine of two million won by recognizing the remainder of the facts charged as guilty.
Accordingly, only the defendant appealed against the guilty portion, and the prosecutor did not appeal against the innocence portion.
Therefore, since the judgment of the court below was separated and confirmed, the scope of this court's judgment is limited to the guilty part of the judgment.
2. Summary of grounds for appeal;
A. As stated in the facts charged, the Defendant did not commit an indecent act against the victim on April 3, 201 and August 5, 2011, and thus, the lower court erred by misapprehending the facts.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
3. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the indecent act committed on April 3, 201 in relation to the determination of the assertion of mistake of facts, the Defendant may sufficiently recognize the facts that the Defendant committed an indecent act on April 3, 201, as indicated in the facts charged.
① 피해자는 수사기관에서부터 원심 법정에 이르기까지 이 사건 발생의 경위 및 추행의 방법에 대하여, “2011. 4. 3. 19:00경 E 수련관으로 가는 길에 피고인이 운전하는 카렌스 승용차의 조수석에 탔는데, 피고인이 손으로 제 허벅지 부위를 만지고 비볐고, 그러한 일은 그 이후에도 여러 차례에 걸쳐 이루어졌다”라는 취지로 구체적이고 일관되게 진술하고 있다.
② Meanwhile, the victim stated at the time of the instant case that he was on board the Defendant’s back seat of the passenger car, but M was transferred to I operated by the Defendant, and thus, there is a part that is difficult to believe in the victim’s statement.
However, M is the original judgment.