beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Defendant was indicted for the following facts constituting the crime and was sentenced to imprisonment with prison labor for four months and forty hours by the Ulsan District Court 2016 High Court Order 4183 to complete a sexual assault treatment program.
1. At around 08:40 on January 201, 2016, the Defendant discovered the Plaintiff’s coming on the road located in Ulsan-gu C, Ulsan-gu, “D,” and laid out the sexual organ and then used it as a hand to engage in a obscenity act.
2. After committing the crime of paragraph (1), the Defendant discovered that the Plaintiff was coming from the front of the “F” main point located in Nam-gu, Namdong-gu E at the time of the crime of paragraph (1) and publicly obscenity in the same manner as that of paragraph (1).
3. After the date specified in paragraph (2), the Defendant discovered that the Plaintiff was coming from the front road of the Ulsan-gu Seoul Metropolitan Government “H” located in Ulsan-gu G at around 08:40 on January 2016 and publicly obscenity in the same manner as Paragraph (1).
4. On November 7, 2016, around 08:48, the Defendant: (a) reported the Plaintiff on the front of the main point of “J” located in Ulsan-gu I; and (b) made a patently obscene act by inserting the Plaintiff’s hand in front of the main point of “J” located in Ulsan-gu I, Ulsan-gu.
B. The Defendant appealed against the above judgment. The Defendant deposited KRW 2,00,000 for the Plaintiff at an appellate court (Ulsan District Court 2017No477). The appellate court accepted the Defendant’s assertion of unfair sentencing and reversed the said judgment, and ordered the Defendant to attend the sexual assault treatment lecture for 2 years and 40 hours during the period of suspension of execution for 4 months, and the said judgment became final and conclusive on June 17, 2017.
[Ground of recognition] Evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, a significant fact in this court, the purport of the whole pleadings
2. Determination
A. Although a civil trial is not necessarily bound by the facts established in a criminal trial, it shall be deemed that the facts established in the judgment of the relevant criminal case which has already been finalized are the reliable evidence unless there are special circumstances (see, e.g., Supreme Court Decision 91Da37690, May 22, 1992).