(영문) 서울동부지방법원 2020.12.18 2020노776

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(영문) 서울동부지방법원 2020.12.18 2020노776

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error) was the first hand of the Defendant’s son while driving the Defendant’s son on the part of the victim’s shoulder.

Even if the Defendant’s grandchildren at the time in contact with the victim’s her her son, physical contact was made in the process of taking the victim’s her son due to the above circumstances, there was no intention to commit an indecent act against the Defendant.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged erred by misapprehending the facts.

2. The court below rejected the above assertion by the defendant on the grounds of appeal on the same purport as the grounds of appeal, on the grounds that the court below stated in detail the decision.

Comprehensively taking account of the evidence duly admitted and examined by the lower court and the circumstances as indicated in its reasoning, the lower court can fully recognize the fact that the Defendant brought the victim’s left her butt son, as indicated in the instant facts charged, brought about the victim’s loss to the victim’s her butt

Therefore, the court below's finding the defendant guilty of the facts charged in this case is just, and there is no error of mistake of facts as alleged by the defendant, and therefore the defendant's assertion is

3. The ex officio judgment of the court of appeals on sentencing may decide ex officio on the grounds that affect the judgment, even where the grounds for appeal are not included in the grounds for appeal, and where the defendant appealeds only on the grounds of mistake of facts, the judgment of the first instance may be reversed ex officio on the grounds of unfair sentencing,

(see, e.g., Supreme Court Decision 90Do1021, Sept. 11, 1990). ex officio, the lower court’s sentencing with respect to the Defendant was examined, and the Defendant appears to have been shocked by the instant crime, but the degree of indecent act is not significantly significant.

참조판례

-대법원 1990. 9. 11. 선고 90도1021 판결

유사 판례

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