2016No4101 Indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act

A

Prosecutor

Gangwon-gu (Court Prosecution) and Kim Byung-gu (Court Trial)

Law Firm B

Attorney C, D, and CD

Incheon District Court Decision 2015Gohap331 Decided December 2, 2016

October 13, 2017

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

1. Summary of grounds for appeal;

According to the evidence submitted by the prosecutor, it can be sufficiently recognized that the defendant committed an indecent act by putting the victim's chest in the victim's chest while photographing a motion picture "H" and committing an indecent act, and suffered the victim's bodily injury in the process. Nevertheless, the court below erred by misapprehending the legal principles as to the injury caused by indecent act by compulsion of this case and the facts charged on the premise of such injury.

2. Determination

A. Ex officio determination

B. Before the judgment on the grounds of appeal, the prosecutor applied for the amendment of a bill of amendment to the indictment in which the facts charged against the injury by force were stated as stated in the following (B). This court permitted this, which led to the change of the subject of the judgment. Thus, this part of the judgment of the court below cannot be maintained as it is.

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is subject to the judgment of this court, and the defendant still contests the changed facts.

B. The injury caused by indecent act by compulsion

1) The revised facts charged

The Defendant, as a film artist, took the film of “H” (hereinafter “the film of this case”) from April 9, 2015. The supervision and the text of the film are N, the male’s drinking-out and female drinking-out, the victim I (the female, 37 years old, Q role), and the Defendant was a member of Q’s husband’s husband’s R role.

From April 16, 2015, the Defendant taken the 13th step of the film of this case with the victim from Leecheon-si from 23:30 on April 23:30, 2015, to show the 13th step of R’s domestic violence going to Q for the first time. The main contents of this case are to show that the Defendant entered the house with the victim under the influence of alcohol and come to the house and going out of the house with the marier’s female, and then did not have a sexual relationship with the victim with the victim. According to the initial container, the Defendant did not want to show the sexual relationship itself between the Defendant and the victim, but to show that the victim was prone to domestic violence habitually, and that the Defendant was aware of the physical contact with the victim’s poppy and the victim’s exposure to the wall, etc. to the part where the victim was sealed with the wall, and the Defendant did not directly appear to have been exposed to the victim’s chest or the part where the victim was exposed to violence other than the victim’s.

그런데 N은 촬영 현장에서 당초의 시나리오 중 바지를 찢어내리는 부분을 상의를 찢는 것으로 변경하라고 지시하여 피해자의 상의를 등산복에서 흰색 티셔츠로 바꾸었고, 피고인은 N과 촬영 직전 구체적인 연기에 관하여 논의하는 과정에서 N으로부터 '피해자의 옷을 확 찢어버린 후 그 다음부터는 마음대로 하라. 미친놈처럼. 굉장히 처절하게. 이거는 에로가 아니잖아. 죽기보다 싫은 강간당하는 기분이 되도록 만들어 달라. 얼굴 위주로'라는 요지로 얼굴 위주로 연기하되 강제로 성관계를 당하는 느낌이 부각되도록 가급적 현실감 있게 연기하라는 취지의 주문을 받았을 뿐 상체 이외의 부위에 대하여는 어떠한 연기 내용에 관하여도 주문받은 사실이 없었고, 또한 피고인은 연기 경력 22년의 베테랑 연기자로서 해당 장면은 바스트샷으로 촬영되고 시나리오나 콘티에도 바스트샷에 해당하는 연기 내용 이외에 아무런 내용도 없는 까닭에 N의 주문에 따라 연기하더라도 가슴 부위 이상을 중심으로 피해자의 가정폭력 피해의 실상이 관객들에게 생생하게 전달되도록 현실감 있게 연기하고 카메라 앵글에 잡히지 않는 부분은 관객들이 어떤 상황이 벌어지고 있는지 미루어 짐작할 수 있을 정도의 몸짓만을 하는 방식으로 연기해야 할 뿐만 아니라 만약 N의 주문에 따라 당초의 시나리오와 콘티에 예정되어 있는 폭력과 노출의 수위를 넘는 내용의 연기를 하려는 경우에는 당연히 피해자에게 그 사실을 알려서 상호 연기 내용을 공유하고 구체적으로 어떤 방식으로 연기할 것인지 명확하게 합의해야 한다는 사정을 잘 알고 있었다. 그럼에도 피고인은 위의 장면을 촬영하면서 사전에 피해자에게 자신이 연기할 내용에 관하여 전혀 알리지 아니한 채 당초의 시나리오나 콘티에 전혀 포함되어 있지 아니하였을 뿐만 아니라, N의 주문과도 다르게 피해자의 상의 티셔츠의 뒷 부분을 절반 이상 찢어 등 부위를 대부분 노출시킨 후 피해자의 뒤쪽에서 오른손을 피해자의 오른쪽 겨드랑이 아래로 집어 넣어 피해자의 가슴 부위를 만지고, 계속하여 브래지어의 뒷 끈까지 완전히 끊어내어 가슴 부위를 일부 노출시킨 후 어깨 위쪽으로부터 손을 넣거나 옆구리 부분으로 손을 넣어 가슴 부위를 수회 만지고 약 3회 가량 등산복 바지의 앞쪽으로 손을 집어넣어 음모를 만짐으로써 피해자를 추행하고 그 과정에서 피해자에게 약 2주간의 치료가 필요.한 양측주관절 신전부 좌상 및 찰과상 등을 입게 하였다.

2) Determination

A) Whether the defendant's indecent act was committed by force

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is being sworn before and after being sworn in the presence of a judge, the appearance and attitude of the witness, and the penology of the statement, which are hard to record in the open court (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). Where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected as long as there is no other reliable evidence to deem the credibility of the statements made by the witness, such as the victim, objectively and objectively (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005).

Examining the following circumstances found by the evidence duly admitted and investigated by the lower court and the lower court in light of the legal doctrine as seen earlier, the Defendant could recognize the fact that the Defendant, while shooting the victim’s chest while shootinging the victim’s chest, and by inserting the victim’s fingers into the part of the victim, led the victim to an indecent act by force.

The victim made a consistent statement from the investigative agency to the trial of the party, to the effect that "the defendant was able to look back with the victim's upper part and brode with tear, to prevent the chest from being delivered. The victim made a false statement that "the victim was able to make a false statement at the time when the victim made a statement" and "the victim was able to make a false statement at the time when the victim made a false statement at the police station," but "the victim was able to make a false statement at the time when the victim made a statement at the time when the victim made a false statement at the time" and "the victim was able to make a false statement at the time when the victim made a false statement at the time when the victim made a statement at the time when the victim made a statement at the police station," and "the victim was able to make a false statement at the time when the victim made a statement at the time of "the victim was able to make a false statement at the time of the victim's statement" and "the victim was able to make a false statement at the victim."

○ 피해자는 현관에서 이루어진 이 사건 씬을 촬영한 직후 안방으로 들어갔는데, 안방으로 들어갈 당시 피해자가 입고 있던 등산복 바지의 버클(똑딱이 단추)은 풀려져 있었다. 피해자는 안방에서 울고 있다가 안방으로 들어온 N 감독에게 "피고인이 바지 속에 손을 넣어 음모를 3회 만졌다."는 취지로 말하면서 피고인으로부터 사과를 받고 싶다고 하였다. 감독은 바로 피고인을 안방으로 불러 경위를 묻고 사과를 하라고 하였고, 이에 대해 피고인은 "연기에 몰입했던 것 같다."는 취지로 해명하였다. 이와 같이 이 사건 씬 촬영 직후 피해자의 바지 버클이 풀려져 있었고, 피해자가 피고인에게 바지 안으로 손을 넣어 음모를 만진 것에 대하여 항의하면서 사과할 것을 요구하였던 점이나, 피고인이 피해자의 항의나 사과요구에 대하여 적극적으로 반문하거나 부인하지는 않았던 점 등 이 사건 직후의 피해자의 상태, 피해자의 행동과 피고인의 반응 등에 비추어, 피해자가 피고인에게 피해자의 바지 속에 손을 넣어 음모를 만진 것에 대하여 항의하면서 사과를 요구하였던 것이 거짓이었다고 보이지 않는다.

The victim, in front of the supervision, failed to take the Defendant, who was the captain of the instant film, and the Defendant, who was the captain of the instant film, demanded an apology as to the conspiracy by putting his hand on the part of the victim. The Defendant refused to take photographs on the ground that the Defendant did not properly sworn, and subsequently requested the Defendant to leave the film in the instant film.

The injured party, as the main actors of the film of this case, has contributed to a large number of movies and dramas for about 17 years, and the accused has a longer career than the injured party. The injured party’s position in the film of this case, career as the injured party and the accused, the injured party’s claim and apology against the accused, and the Defendant’s demand for discharge against the accused.

In light of the negative impact that Dong could have on the victim as a postponed and the fact that the victim and the defendant additionally planned photographs were limited to one time, as alleged by the defendant, the victim cannot be seen to have committed such behavior by asserting that the defendant was guilty of the victim's conspiracy, solely on the ground that the defendant either neglected the defendant's appearance, as argued by the defendant, and teared the victim's leader.

○ The victim and the Defendant met with the recommendation of the supervisor, which is to resolve the problem only after the occurrence of the instant case, and the victim met with the reason why she teared his/her own bow, delivered his/her chest, and the reason why she puts his/her chest into his/her own panty. As to this, the Defendant stated that “the Defendant was sufficiently blick, and the blurged with the inside and outside of his/her blurg, and the blurged with the inside and outside of his/her blurg, so how the blurg was about to unblurged, and the Defendant did not actively go against the victim’s blurging of his/her blurging, and did not have any other reason to blurged the victim’s blurging that it was difficult for the Defendant to blurgly do so. At the time, the Defendant did not have been informed of the victim’s blurging of his/her k.

With respect to the reasons why the victim did not stop photographing the Defendant, it did not appear that the Defendant would have been able to judge this sexually. Therefore, from the investigative agency to the trial, the victim tried to leave the Kamerasgle to avoid indecent conduct (the victim was able to escape out of the Kameras), and the supervisor thought that the victim would naturally be female. Furthermore, the victim could not take the Kameras as he did not prepare clothes, and the place of taking the Kameras was in a situation where the NaG was unsatry, and then the victim would not have been able to do so at least 12 hours prior to the night. Moreover, if NG was involved in indecent conduct on-site, the victim did not appear to have been able to have been able to have been able to take the Kameras, and the victim was able to have been able to take the Kameras at the time of taking the Kameras as soon as possible, more than 3 hours more than 1,000 out of the entrance of the case.

○ The victim, as the main music of the film of this case, was about 17 years, who had contributed to a large number of movies and dramas, and the Defendant was about 22 years old compared to the victim. The victim’s occupation, career, and postponed, etc., which led to the victim’s complaint of the Defendant through indecent act by compulsion, is likely to hinder the victim’s activities as a postponement, such as making a contribution to other works and making a postponement with others. However, there seems to be no reason for the victim to dismiss the Defendant by falsity.

Although the Defendant asserts to the effect that there is sufficient motive for the Defendant to make a false statement that the Defendant committed indecent act by force, even in order to escape from the false name of the victim’s right to lead the exposed level in the film of this case and getting out of others, the Defendant does not seem to have made a false statement in order to mislead the Defendant, who is the prior jury, as the victim, on the ground as seen above. However, in light of the various circumstances as seen earlier, such as the victim’s state, the victim’s behavior, and the response of the Defendant, etc. immediately after the taking of the film of this case, it does not appear that the

○ At the time of photographing the above case, the Defendant, at a place less than 1 to 3 meters away from the victim, had a stamp S (Kameras supervisor), T (Kameras1) and U (Kameras 2). However, the Defendant asserted that there was no credibility of the victim’s statement since all of the stampings did not witness the victim’s indecent act.

However, at the court of the court below, S made a statement to the effect that “I have supervised that two or more times of the instant case’s appearance is marked, and talked that I would like to do so. I would like to say that I would like to say, “I would like to say that I would like to say that I would like to say that I would like to say that I would not know that I would like to say that I would like to say, “I would like to say, in the court of the court of the court below, that I would like to have continued monitoring and distribution going on a camera while photographing the instant case’s appearance. However, I could not see that the parts of the body could not be seen as having concentrated because I did not take the body.” On the other hand, I would like to say that I would not know the victim’s face during the instant shooting, and even if S could not know that there was a very close distance from the victim at the time of shooting, I could not see that I could not know the credibility of each part of the victim’s body.

○ 피고인은, 등산복 바지에 팬티스타킹까지 입은 피해자의 팬티 속으로 피고인의 손이 자유롭게 드나들 수는 없고, 피해자는 브래지어가 찢어진 이후 티셔츠로 가슴을 가리고 티셔츠가 흘러내리지 않게 붙들고 있었으므로 가슴을 만지는 것은 불가능하다.는 취지로도 주장하나, 앞서 본 바와 같이 피해자는 당시 고무줄밴드로 되어 있는 등 산복바지를 입고 있었고, 벨트는 하지 않고 있었으며, 이 사건 씬 촬영 직후 피해자 등 산복바지의 버클(똑딱이 단추)이 풀려져 있었던 상태였던 점 등에 비추어, 피해자의 팬티 속으로 피고인의 손이 들어갈 수 없는 상태였다고 보이지 않고, 피해자가 티셔츠로 가슴을 가리고 있었다고 하여 피고인이 피해자의 가슴을 만지는 것이 불가능하였다고 보이지는 않는다.

○ The Defendant reversed his statement on the part of the victim, including the victim's statement "as to the part of the damaged part", and stated that the victim's statement was "as to the part of the damaged part" and the part of the victim's body, frequency, and form, etc., and stated that the victim's statement was only called "as to the part of the accident" and "as to the part of the victim's team, the victim's statement was reversed," and that the victim's statement was less than "as to the part of the victim's sexual intercourse", the statement on the part of the victim was not in conflict with the victim's statement on the part of the victim's panty, and that the victim did not have any behavior other than "as to the part of the victim's sexual intercourse," and that there was no credibility of the victim's statement in light of the victim's statement that the victim did not take any action other than "as to the part of the victim's sexual intercourse".

However, as seen earlier, the victim made a consistent statement as to the main parts that the defendant spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spanty spande, and there are no unreasonable or contradictory parts in the contents of the statement itself, and there is no part that part of the victim’s statement is reversed or unclear. However, this is not a major part, but a part of the victim’s statement is related to spanch spanch, and it may be viewed as due to confusion of memory as a result of spanch spanch spanch, etc., and there is no special circumstance that the victim may make a false statement. Furthermore, considering these various circumstances recognized earlier, the above circumstances

B) In a case where a criminal defendant denies the criminal intent, which is a subjective element of the constituent elements of a crime, the criminal intent itself cannot be objectively proved, and thus, it is inevitable to prove such fact by means of proving indirect or circumstantial facts related to the criminal intent in light of the nature of an object. In such a case, what constitutes an indirect or circumstantial fact ought to be determined by a method of reasonably determining the link of facts based on a close observation or analysis based on normal empirical rule (see, e.g., Supreme Court Decision 2017; 2016E15470, Jan. 12, 201).

Examining the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court in light of the legal doctrine as seen earlier, it can be recognized that the Defendant had the intent to commit indecent act by compulsion.

○ 이 사건 씬은 R(피고인)이 새벽에 술에 취한 상태로 집에 들어오다가 화장을 하고 나가려는 Q(피해자)과 마주치자, Q을 폭행하면서 강제로 성관계를 하는 장면이다. 이 사건 씬의 당초 시나리오는 "R이 Q의 바지를 찢어 내린다. Q의 몸 구석구석에 오래된 멍들이 독버섯처럼 배어있다. Q을 돌려 벽에 붙이고는 뒤에서 하이에나 같은 신음을 한다."는 것으로 되어 있었는데, 현장에서 감독의 지시에 따라 바지를 찢어 내리는 부분을 상의를 찢는 것으로 변경하였고, 피고인과 피해자도 이를 알고 있었다. 한편 이 사건 씬은 미디엄 샷(Medium Shot, 인물의 허벅지 중간 부분부터 머리 부분까지 포착하는 샷) 또는 바스트 샷(Bust Shot, 인물의 가슴 부분부터 머리 부분까지 포착하는 샷)으로 촬영하는 것으로 되어 있었고, 피고인도 상체 위주로 촬영을 하겠다는 감독의 말을 들었다. 이와 같은 사정들에 의하면, 피고인이 피해자의 상의를 찢는 것에서 나아가 피해자의 바지를 실제로 내리거나, 피해자의 바지 속으로 손을 넣는 것은 이 사건 씬에 전혀 예정되어 있지 않았던 것이다.

○ 감독은 피해자가 없는 자리에서 피고인에게 "내가 R이죠? '뭐야 왜.. 너' 대사막 아무거나 하세요. 아무 대사나 나오는대로, 그리고 그냥 옷을 확 찢어버리는 거야. (옷을 찢는 행동) 바지서부터. 바지서 몸을 감출 거 아니에요? Q이가. 그러면서 그 다음부터는 마음대로 하시라니까. 미친놈처럼. 그러면 그 사이 사이에 멍든 대로.. 있다고, 멍든 자국도 있다고, 그러면 돌려가지고 뒤로 돌려. 막~ 굉장히 처절하게. 이거는 에로가 아니잖아. 죽기보다 싫은, 강간당하는 기분이거든, 그렇게 만들어 주셔야 돼요. 얼굴 위주로.", "(주위를 한 번 둘러보다가 피고인 뒤에서 손으로 피고인의 가슴을 움켜잡는 듯한 시늉을 하면서) 마음대로 하시라고요. 한 따까리 해야죠. 굉장히 중요한 씬이에요. 이게 완전히, R이는 완전히 미친 놈, 사육하는, 사육하는 느낌이 들어야 돼. 사육하는 느낌이."라고 연기지시를 하였다. 그러나 위와 같은 감독의 연기지시에 직접적으로 피해자의 가슴을 만지고, 피해자의 바지 속으로 손을 넣으라는 것은 없고, 또한 이 사건 씬의 촬영은 얼굴 위주라는 것을 말하고 있어, 피고인의 이와 같은 행위가 감독의 연기지시에 충실히 따른 것이라거나 정당한 연기를 하는 과정에서 이루어진 것이라고 볼 수 없다.

○ Also, at the time of supervision’s order of postponement as seen above, the victim did not know the content of the supervision’s order of postponement as it did not exist at the time of supervision’s order of postponement, and such postponement is not a prior agreement, but a content that could normally be expected when the victim takes. If so, even if it is assumed that the victim’s chest to faithfully comply with the supervision’s unilateral order of postponement is confined to the victim’s chest, kepts into the victim’s inner part, or the film was taken on the premise of the victim’s rating for not admitted under the age of 19 years, it cannot be deemed that such supervision’s unilateral postponement order or the content of the Defendant’s postponement, unless the victim shared it in advance with the victim or obtained the consent from the victim, it cannot be said that the victim caused considerable sexual humiliation due to the Defendant’s aforementioned act.

In addition, the defendant argued that it is not feasible to have the intention to commit an indecent act against female actors in the situation where seals are observed and all the acts of the defendant were recorded and recorded at the movie photographing site. However, in light of the above various circumstances, in the case of this case, the defendant appears to have committed an indecent act in this case by cultivating the defendant in a timely and incidental manner in the process of the postponement of this case rather than to have taken pictures with a planned purpose of indecent act from the beginning to the beginning, and on the ground that the defendant did not have planned intentional act or was in accordance with the direction of postponement of supervision, the intention of indecent act cannot be deemed to have been denied.

C) Whether it is an act due to duty

Article 20 of the Criminal Act provides that "an act that does not violate social rules shall not be punishable." Since an act that does not violate social rules refers to an act that may be acceptable in light of the overall spirit of legal order or the social ethics’s surrounding surroundings or social norms, it shall be determined individually and reasonably under specific circumstances that does not violate social norms (see, e.g., Supreme Court Decision 2001Do5380, Jun. 10, 2004). According to the above circumstances acknowledged by the evidence duly adopted and recognized by the court below and the trial court, the above act of the defendant by compulsion of delay in the course of performing the duty of postponement of indecent act is merely a legitimate act, not a legitimate act, but a justifiable act shall not be deemed a justifiable act.

D) Whether the crime of bodily injury caused by indecent act was committed

In the crime of injury resulting from indecent act by compulsion, the result of injury ought to be from the act of assault or indecent act used as a means of indecent act by compulsion, or from the act of indecent act by compulsion (see, e.g., Supreme Court Decision 2009Do1934, Jul. 23, 2009). Meanwhile, the prosecutor’s burden of proof on the crime charged in a criminal trial is the burden of proving the facts charged. The conviction of guilt is based on evidence with probative value that leads to the conviction of the facts charged to the extent that there is no reasonable doubt by the judge. Thus, if there is no such evidence, even if there is no doubt as to the defendant’s guilt, it is inevitable to determine the defendant’s benefit (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11,

According to the evidence duly adopted and examined by the court below and the court below, after completing the shooting of this case, the victim's grandchildren and arms occurred, and about five days thereafter, it is recognized that "the name of the disease" in the injury diagnosis letter issued by the victim, "the name of the disease: the entire unit of the unit, the entire unit of the new unit of the body, the entire unit of the body part of both sides and the inspection, the surface of the body of the injury, the degree and degree of the injury: the hand of the number of units, the entire unit of both sides, the part of the body of both sides, the results of the examination and treatment, the opinion on the progress of the examination and treatment, and the expected treatment period: 2 weeks."

However, the above evidence can be comprehensively acknowledged, namely, the following circumstances: ① the Defendant’s act of assaulting the victim and forced sexual intercourse in itself, was far more than stiffencing the victim’s body; ② as seen earlier, supervision appears to require the Defendant to postpone the victim’s body by force; ② The Defendant’s act of assaulting the victim’s body, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., e., e., e., e., e., g., e., e., e., e., e., e., e., e., e., e., e., e., e., sexual intercourse; ③ the Defendant’s act of assaulting the victim’s body.

E) Sub-decisions

Therefore, even though the facts charged by the Defendant’s indecent act by compulsion are deemed sufficient, it is difficult to view that there is sufficient proof on the part that the Defendant inflicts bodily injury on the victim by indecent act by compulsion.

C. Non-fixed part

1) Facts charged

Around July 10, 2015, the Defendant: (a) reported false facts to the Seoul Seocho-gu Seoul Southern Law Office on the fourth floor (Seoul), and (b) had L L L make a false statement about I in the name of the Defendant using a computer; (c) the Defendant did not have any indecent act against the Defendant on or around April 16, 2015; (b) reported false facts to the Seoul Geumcheon Police Station with the intent to punish the Defendant, and (c) reported that there was an indecent act against the Defendant with the intent to defame the Defendant, thereby impairing the Defendant’s reputation by spreading false facts to the supervisor at the scene of shooting and heading, etc.; and (c) reported false facts to the Seoul Geumcheon Police Station with the intent to defame the Defendant; and (d) reported that there was an indecent act against the Defendant by harming the South and the Defendant by harming the Defendant by committing an indecent act by committing an indecent act against the police; and thus, (c) the Defendant was punished by pointing out the content of the Defendant’s report or the content of the report.

Nevertheless, around July 17, 2015, the defendant received the above complaint from the public service center of the Incheon District Public Prosecutor's Office through the employees under the name of the law firm's office. Accordingly, the defendant was dismissed for the purpose of having I receive criminal punishment.

2) Determination

In a case where a complaint is filed against an accusation on the grounds of multiple suspicions based on one accusation or accusation, and some of the facts are true or different, if false facts are found to be false, only the part of such false facts constitutes an independent accusation (see Supreme Court Decision 88Do1533, Sept. 26, 1989). Even if some of the false facts was discovered to be innocent, unless the remainder of the accusation is recognized as false facts (see Supreme Court Decision 81Do2546, Jun. 28, 1983).

As seen earlier, the Defendant acknowledged the existence of indecent act by compulsion of the victim while photographing the victim above the instant case. Accordingly, the crime of false accusation is established with respect to the part of the Defendant’s accusation which stated, “The victim filed a false lawsuit against the Defendant, even though the Defendant did not have committed any indecent act by force against the victim” for the purpose of having the victim punished.

However, there is insufficient evidence to prove that the victim's injury was caused by the defendant's indecent act as seen earlier. As such, the part of the above accusation that "the part that "the victim was not injured due to the defendant's indecent act by force" was also false, and it cannot be deemed that this part constitutes the crime of false accusation.

3. Conclusion

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for ex officio reversal, and the prosecutor's appeal has some grounds.

【Discrimed Crime】

1. Indecent act by compulsion3);

The Defendant, as a film artist, taken the film of “H” from April 9, 2015. The film supervisor and each part of the film’s film was N, a man’s main role is OP), a female drinking-out, a victim I (n, 37 years of age, Q role), and the Defendant was a member of Q’s husband’s husband’s R role. From April 16, 2015, the Defendant taken the film more than the victim’s first 13th of the film from Echeon-si 502 with the victim from Echeon-si 30 to Q for the first time, and the main contents of the film were to show the actual state of R’s domestic violence going to Q. The Defendant’s entrance into a new wall with the victim who attempted to make cremation and forced him to do so. The Defendant’s sexual intercourse was to have the victim to enter and leave the ward, and the Defendant’s main contents were to have the sexual intercourse with the victim.

The Defendant, while photographing the above heading, exposed most parts of the back part of the victim’s titts, such as tear, etc., even though the Defendant did not include the scenario or contact or supervision direction, and did not agree with the victim, the Defendant, at least half of the back part of the victim’s titts on the part of the victim, putting the victim’s knick onto the right side of the victim’s chest back, cut the victim’s chest back, cut the victim’s chest back, and continued to cut up until the back of the bracker’s back, and then cut part of the chest up to the back of the bracker’s upper part, putting the finger back into hand from the upper part, or putting them into the back part of the brack, and putting them into hand on several fingers, and putting them into a knick part into approximately three times.

2. An accusation;

Around July 10, 2015, the Defendant: (a) at the Seoul Seocho-gu Seoul High School Office KK Office; (b) had L L make a false statement about I in the name of the Defendant using a computer. The accusation book does not contain any indecent act by the Defendant around April 16, 2015; (c) there was no false fact that the Defendant committed indecent act with bad sexual intent; (d) spread of false facts to the scene supervision and heading, etc.; and (e) reported the Defendant’s indecent act with the intent to punish the Defendant; (c) reported false facts to the Seoul Geumcheon Police Station with the intent to defame the Defendant; and (e) the Defendant had, “son” interview with the Defendant to defame the Defendant, thereby causing the police to commit indecent act by committing an indecent act; and (e) the Defendant included the content of the public service book in Incheon High School’s name in the content of penal punishment for the purpose of causing the Defendant to damage the Defendant’s reputation by using the same content as that of the public service book.

1. The original judgment and the part of the trial court of the defendant in court room;

1. The original judgment of the witness I and the legal statement of the party branch;

1. Each of the original judgments rendered by the witness N and V

1. Some police officers and prosecutor's protocol of examination of the accused;

1. Each police officer and prosecutor's protocol with regard to I and N;

1. Statement of the police against the defendant (Evidence No. 136);

1. A written statement of V and AF preparation;

1. Recording recording of conversations between the accused and the victim (Evidence No. 25);

1. Two CDs (Evidence Nos. 20), one CD (Evidence No. 57), a CD film (Evidence No. 57), and a transcript of Mealing film (Evidence No. 41) of data files filed by the victim, video, and the victim’s data;

1. A complaint (Evidence No. 115);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 of the Criminal Code, Article 156 of the Criminal Code (the occupation of indecent act by compulsion, the choice of imprisonment), Article 298 of the Criminal Code, Article 156 of the Criminal Code

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed for the crime of indecent act by compulsion with heavy danger)

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Conditions favorable to the defendant among the reasons for sentencing below)

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

In full view of various circumstances, such as Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no history of criminal punishment due to sexual crimes, the fact that the registration of personal information alone appears to have an effect to prevent recidivism to a certain extent, and the defendant’s age, character, conduct, occupation, etc., the effect of the prevention of sexual crimes, which can be achieved by the disclosure order and notification order compared to the disadvantage and anticipated side effects that the defendant would suffer, may be relatively less than the disadvantage and anticipated side effects that the defendant would suffer, should not be disclosed).

The Defendant’s crime of indecent act by compulsion on the grounds of sentencing is an indecent act by force against the victim, who is the other party, in the course of photographing a motion picture. Even when the motion picture shooting process where certain bodily exposure and sexual act are expressed, it should be strictly distinguishable from the act of postponement and the act of indecent act by force, etc., and the sexual self-determination of women should be sufficiently protected even during smoke or photographing. Nevertheless, the Defendant committed the crime of indecent act by force with the victim’s chest and conspiracy with the victim’s chest without any agreement with the victim, thereby causing the victim to feel sexual humiliation along with a considerable mental shock. Furthermore, the Defendant did not have the victim file a false complaint with the intent to have the victim subject to criminal punishment, and brought a civil lawsuit against the victim, etc. Nevertheless, it is inevitable to punish the Defendant, who did not object to the denial of the crime of this case.

그러나 한편 이 사건 영화의 감독은 피해자도 없는 자리에서 일방적으로 피고인에게 이 사건 씬에 관한 연기지시를 하면서 '처절하게', '미친 놈', '사육하는 느낌' 등과 같은 말과 함께 '마음대로 하라'고 하면서 피해자의 가슴을 움켜잡는 듯한 시늉을 하기도 하였고, 피고인은 연기자로서 위와 같은 감독의 일방적인 지시에 따라 이 사건 씬을 연기하던 과정에서 순간적·우발적으로 흥분하여 이 사건 강제추행 범행을 저지른 것으로 보이며, 피고인이 계획적·의도적으로 이 사건 강제추행 범행을 저지른 것으로 보이지는 않는다. 또한 피고인이 동종 범죄로 처벌받은 전력은 없다.

In full view of the circumstances favorable to the defendant as above, and other circumstances such as the motive, background, means and methods of committing the crime, the circumstances before and after the crime, and the age, character and conduct, and the environment of the defendant as shown in the arguments in this case, the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on a crime of indecent act by compulsion in the judgment which is a sex offense subject to the registration of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency

Parts of innocence

1. The summary of the facts charged against the defendant's bodily injury resulting from indecent act by indecent act is the same as the mentioned in Article 2-2-B-1 of the above, and as seen in Article 2-2-B-2 of the above, since this part of the facts charged falls under a case where there is no proof of crime, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, but in a case where it is found guilty of the crime of indecent act by indecent act as

2. Of the accusation against some defendants, the summary of the facts charged is as shown in Article 2-C. 1 of the above article 2-3, "the defendant did not have a lawyer L for the purpose of having the victim be subject to criminal punishment, and the defendant L for the purpose of having the victim be subject to criminal punishment, but there is no "the defendant's 1, the defendant's 'the defendant's 'the defendant's 'the 'the 'the 'the 'the 'the 'the ' was the 'the '' and the 'the 'the 'the ' was the 'the 'the 'the '' and reported the '

As seen in the above 2-C. 2-2, this part of the facts charged falls under a case where there is no proof of a crime, and thus, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found that the defendant is guilty of a non-guilty crime in relation to such a crime, the judgment of

The presiding judge, judge and assistant judge

Judge Maximum Order

Judges Full-time Leave

1) Taking charge of the dynamicly adjusting the distance between the body and the camera by viewing monitoring and the body from the body above the Kamerra supervisor.

Sicking

(ii)a stamp representing that it plays a role to catch Kameras in the vicinity of the Cameras supervisor;

3) The prosecutor’s defense right is guaranteed, except for the part of the facts charged that cannot be included in the crime of indecent act by compulsion.

The criminal facts were partly revised to the extent that it seems that there is no head.