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(영문) 수원지방법원 2020.11.12 2020노4917
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the judgment of the first instance court which found the defendant guilty of the facts charged of mistake of facts or misapprehension of legal principles, the mistake of mistake or misapprehension of legal principles

(Specific arguments are written in the judgment part). (b)

The judgment of the court of first instance on the defendant's sentencing (the imprisonment of one year and six months, the completion of sexual assault treatment programs for 40 hours, the disclosure and notification of the defendant's information between three years, and the employment restrictions between three years) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) Determination on the assertion of mistake of facts or misapprehension of legal principles 1) When the appellate court intends to re-examine the judgment of the first instance court and ex post facto make a determination, inasmuch as there is no objective reason to have an impact on the formation of documentary evidence during the trial process, there is a reasonable ground to deem that the determination of the value of evidence of the first instance was clearly erroneous, or the argument leading to the fact-finding is contrary to logical and empirical rules, and thus, maintaining the judgment is considerably unfair. Moreover, without such exceptional circumstance, the determination on the fact-finding of the first instance court does not arbitrarily reverse the determination on the fact-finding of the first instance court (see Supreme Court Decision 2016Do18031, Mar. 22, 2017).

However, at the time, there was no intention to satisfy the sexual desire for the Defendant. Accordingly, the judgment of the first instance court that found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including the entry of a sexually intended multiple persons) among the facts charged was erroneous by mistake of facts or by misapprehending the legal principles. (B) In full view of the following circumstances recognized by the court of first instance, which was duly adopted and investigated by the court of first instance.

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