beta
(영문) 창원지방법원 2015.02.26 2014노1689

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have committed an indecent act against the victims, and Defendant 1 asserts that even though Defendant C was not the same person as the victim who was present at the time when the Defendant was arrested as a flagrant offender due to the instant crime, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The Defendant asserts that, in so doing, the sentence (5 million won of a fine) imposed by the lower court is too unreasonable.

B. The prosecutor asserts that the court below erred by misapprehending the legal principles on the registration of personal information, which affected the conclusion of the judgment, since the public prosecutor found the crime of this case to be a "sex crime subject to registration" under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant should be informed of the fact that he is a person subject to registration

2. Judgment on the defendant's assertion of mistake of facts

A. The facts charged in this case

1. At around 20:40 on February 21, 2013, the Defendant committed an indecent act in a way that, by reporting the victim C (hereinafter, 20 years of age) who is going to study on the second floor of the building of the science museum at the Gyeong University University’s Office located in Jinju-si, and by provokinging the right to the right in a timely manner, the Defendant committed an indecent act on the part of a female’s bucks extending out into the floor with approximately 20 minutes of fucks.

2. On May 1, 2013, at around 21:20, the Defendant committed an indecent act by force against a female by reporting the victim D (hereinafter referred to as 19 years of age) who sits in his/her side seat and keeps an official book within the second inspection room of the Central Library of the Gyeongnam University located in Jinju-si, and by provokinging the her desire to do so.

3. On May 2, 2013, the Defendant is located in Jinju-si, Jin-si, around 19:45.