강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged in this case, despite the fact-finding that the defendant did not intend to commit indecent act by compulsion, E, a police officer, was erroneous and adversely affected by the judgment.
B. The Defendant, at the time of the instant crime, was under the influence of alcohol, in a state of lacking or lacking the ability to discern things or make decisions.
C. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant crime constitutes a sexual crime subject to registration under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is subject to an order to disclose and notify information under Articles 47 and 49 of the same Act, and thus is subject to an order to disclose and notify personal information.
Nevertheless, the lower court found the Defendant guilty of committing the instant crime and omitted judgment on the Defendant’s personal information disclosure order and notification order. In this respect, the lower judgment was no longer maintained.
However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake and mental or physical disorder still is subject to the judgment of this court, and this is examined below.
B. We examine the determination of the assertion of mistake of facts, and where the Defendant denies the criminal intent, the facts constituting the subjective element of such crime are bound to be proven by the method of proving indirect or circumstantial facts having considerable relevance with the criminal intent due to the nature of the object. In such a case, what constitutes an indirect or circumstantial facts having considerable relevance with the criminal intent is based on a reasonable method of determining the link of facts based on the close observation or analysis according to normal empirical rule.