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(영문) 부산지방법원 2018.07.20 2018노581
강제추행
Text

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.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was the length of the defendant 1, who she returned home by two persons of the same fee and the alcohol on the day of the instant case, and she was faced with the victim and the shoulder in the opposite part, and was only disputing with the victim and the victim's daily behavior F.

At the time, the Defendant did not commit an indecent act by deceiving buckbucks and spucks as the victim asserts.

2. Determination

A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court shall set a differential period of employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda to the above Act provides that Article 56 of the Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the facts against the judgment of the court below is still subject to the judgment of the court, and the following is examined.

B. In a case where the statements of the witness, including the victim of the judgment on the assertion of mistake of facts, are mutually consistent and consistent with the facts charged, they shall not be rejected without any separate evidence to deem that there is no credibility from an objective perspective, and the witness shall not be dismissed without permission.

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