(영문) 서울동부지방법원 2016. 10. 27. 선고 2016노1161 판결

Although the Defendant dances with the victim at the time and place stated in this part of the facts charged, this is based on the patriotic relationship formed between the Defendant and Nonindicted 4, and thus, it does not constitute an indecent act by force against the said victim.

B) The point of the indecent act by force on August 23, 2014

Since the Defendant was not in his own laboratory on the date specified in this part of the facts charged, the Defendant did not engage in any act, such as joining with the said victim.

C) Fraud against the victim Nonindicted 1 Industry-Academic Cooperation Foundation and Nonindicted 2 Educational Foundation

Even if the defendant jointly managed the personnel expenses of researchers who participated in the research service, the defendant did not claim the personnel expenses falsely or excessively, and the personnel expenses paid to each participating researcher shall be deemed to belong to the researcher. Moreover, in the case of the non-indicted 2 educational foundation, it is not prohibited to jointly manage the personnel expenses of the researcher. As such, even if the defendant used the personnel expenses paid to the researcher in joint management, the crime of fraud against the non-indicted 1 Industry-academic cooperation foundation and the non-indicted 2 educational foundation is not established, regardless of the establishment of fraud against

2) Unreasonable sentencing

Even if a person is pronounced guilty of a family defendant, the sentence of the court below (one year of imprisonment and 40 hours of order to complete the program) is too unreasonable.

(b) Prosecutors;

1) misunderstanding of facts and misunderstanding of legal principles (inception of fraud against Nonindicted 3 incorporated associations)

Although it is not prohibited to jointly manage the personnel expenses of researchers when a private enterprise requests research, if the Defendant received a claim for personnel expenses from researchers, Nonindicted 5, etc., and then recovered and used them, then this may be sufficiently assessed by legal deception. Thus, this part of the facts charged may be fully convicted.

2) Unreasonable sentencing

The sentence of the court below is unfair because it is too unhued.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. Determination on the act of indecent act by force on August 19, 2014

1) The Defendant acknowledged the date and time and place indicated in this part of the facts charged, and the facts fit for the victim Nonindicted 4 (hereinafter “victim” in determining the indecent act by compulsion”) at a certain place, but asserted that the act was based on the patriotic relationship formed between the victim. Thus, the issue in this part of the judgment is whether the Defendant committed such act against the victim’s genuine will.

2) Meanwhile, the crime of indecent act by compulsion includes not only cases where an indecent act is committed after the other party makes it difficult to resist by means of violence or intimidation, but also cases where the act of assault itself is deemed an indecent act. In such a case, assault is not necessarily necessary to suppress the other party’s intent. The act of indecent act refers to an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim before the victim, circumstances leading to such act, specific form of act, objective situation surrounding the act, and the concept of sexual ethics in that time (see, e.g., Supreme Court Decisions 201Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015).

3) Specifically, according to the records of this case, there are circumstances that seem to correspond to the defendant's defense as follows.

① The Defendant demanded graduate students of a management science research room to send a photo showing whether they commute to and from work and the research situation, etc., under the pretext of managing the life of the third party, and personal contact was also made. Unlike other third parties, the Defendant demanded the victim to send a photograph, not a group photograph, to send a telegraphic photo, and requested the sending a telegraphic photo specifically, and there have been other concerns, such as frequently requesting a video call.

② From the end of June 2014, the Defendant: (a) demanded the victim to send pictures daily to the victim; (b) kept the victim’s pictures separately; (c) kept the victim’s pictures in one’s own computer separately; and (d) committed acts, such as “voluntary”, “brupted”, “brupted in the world”, and “for example,” with the meaning that the victim is a small love or small pet; and (d) committed acts, such as taking hand or pottering in the open space.

(3) It is difficult to view that the photograph of a victim kept by the defendant has been taken against the victim's will in light of the victim's angle and the victim's expression, etc.

④ At around 15:00 on the day of the instant case, the Defendant, at around 16:40, went back to school at around 16:40, after the two-way victims and the two-way victims took meals to a restaurant outside the school where the Defendant is driving, and had a dance in line with the victim as described in this part of the facts charged.

(5) The CCTV is found to have been installed by the Defendant, having the victim fit as above, while leaving the parking lot along with the victim and going to the laboratory. In this context, it is difficult to confirm that the victim was provided with mental shock due to the Defendant’s act.

4) However, according to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

① The victim took lectures in the spring semester 2012, and started a laboratory internship that the Defendant directed from June of the same year, and was admitted to a graduate school from March 2014 and received the Defendant’s instruction. As such, at the time of the instant case, the Defendant and the victim was in a full-time relationship with the teaching faculty and the teaching faculty and the victim was about six months.

② At the time of the instant case, the Defendant said that the Victim was “heatat-satisfy” in the process of dancing with the Victim, and such speech and behavior of the Defendant supported the credibility of the Victim’s statement that the Victim did not want to have his own dancing with the Defendant, and that the Victim had been injured.

③ At around 23:30 on the day of the instant case, the victim told Nonindicted 6, who was a graduate school student near the ○○ University, to the effect that he was sexually indecent act against him, and thereafter, the victim discussed the Plaintiff’s bullying by the Defendant.

④ On August 20, 2014, the day following the instant case, at around 08:58, the victim sent to the Defendant an e-mail with the following contents: (a) on August 20, 2014, the victim: (b) “I wish to dump dump to expect to dump to do so; (c) dump to dump; (d) fump; (e) fump to hump; (e) hump; (e) hump to hump; and (e) hump to hump; (e) hump to hump; (e) hump to hump; and (e) hump to hump; (e) hump to hump; and (e) hump to hump; and (e) hump to e-mail; and (e) hump to hump to e-mail.

⑤ On August 21, 201 following the day following the day on which the Defendant sent the above e-mail, the Defendant drafted, under his own initiative, the agreement between the victim and the victim as set forth in the following items: (a) is understood to mean that the content of the agreement was made by means of the normalization of an inappropriate relationship rather than the simplification of relationship between the two parties who maintained the relationship based on the e-mail appraisal; and (b) in light of the victim’s acts before and after the e-mail, at least the victim consented to the preparation of the said agreement in such a sense (and even the content of the agreement contains a part of the prohibition of expression that is good.)

Shes included in the main sentence * Hug 10 kw w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w.

6. The victim consistently states that the defendant did not want to have dancing with the defendant from the police to the court below's trial, and that the defendant was against his will.

5) In full view of the above circumstances, even if the victim did not actively make an objection against the defendant at the time of the instant case, it is reasonable to view that the defendant committed an indecent act, such as the date and time stated in this part of the facts charged, and the victim’s behavior before and after the instant case, against the victim’s will, not wanting to have a patriotism with the defendant.

6) If so, the Defendant’s assertion of mistake of fact as to this part of the facts charged in the instant case can be sufficiently convicted of the indecent act committed on August 19, 2014.

B. Determination as to the act of indecent act by force on August 23, 2014

1) The facts charged and the judgment of the court below

A) On August 23, 2014, the facts charged in this part of the facts charged are as follows: (a) at the Defendant’s laboratory located on the fifth fifth floor of the ○○ University’s engineering center, the Defendant 20:00, up to the victim’s side who was seated in the table table, and bucks down with the victim’s buckbucks in hand, and bucks with the victim’s bucks; (b) as long as the Defendant’s bucks by causing the victim to buck up, and made it difficult for the victim to do so, the Defendant committed an indecent act by coercioning the victim by forcing the victim by putting the victim into his entrance and by force.

B) As to this, the lower court found the victim guilty of this part of the facts charged in accordance with the evidence of the lower court, including the victim’s investigative agency and the legal statement at the

2) Determination of the immediate deliberation

A) The defendant asserts that the defendant did not have committed any act, such as joining the victim because he was not in his own laboratory as to this part of the facts charged at the same time. In order to find the defendant guilty, the defendant should first be presumed to have committed such act together with the victim at the above date, time and place. If the defendant denies the crime on the ground of absence, and if there is a considerable doubt about the credibility of the witness's testimony, which is the only evidence to prove the facts charged, if there is a considerable doubt about the credibility of the witness's testimony, which is the only evidence to prove the facts charged, the defendant should make a trial decision that is acceptable as to the absence of evidence (see Supreme Court Decision 85Do2109, Nov. 26, 1985).

B) On August 23, 2014, the victim submitted the written complaint of this case to the court below, and consistently stated the date, time, and place indicated in this part of the facts charged to the court below from August 23, 2014 to the court below. The defendant's act is also consistently stated in the defendant's act (However, in the police's statement made on November 13, 2014 immediately after the receipt of the written complaint of this case, at the police's statement made on August 13, 2014, the defendant himself/herself made indecent act on his/her own around 15:0 to 16:00, but at the police's statement made on August 23, 2014, it appears that there is no possibility that the victim's assertion may be distorted or distorted by memory, and thus, this part of the facts charged can be judged guilty.

C) However, since the victim's place on this part of the facts charged is consistently stated in the defendant's laboratory, there is no possibility of mistake. However, since the part on the date and time, in particular, the victim's subjective memory cannot be guaranteed, so the victim's absence of evidence should be determined by considering the time period during which the victim was forced to act by compulsion from the defendant. The victim consistently asserts that the victim was forced to act by compulsion from the defendant on the date of this part of the facts charged through statements, etc. at the investigative agency and the court below.

From 20:00 to the victim's side where the defendant was engaged in crowdfundinging in the defendant's laboratory, the victim's bucks and bucks of the victim's bucks are moved in the hand, and the victim's bucks are faced with the buck, and the victim's bucks cannot be resisted by bucking, bucking up, and bucking up the victim's buck, and bucking into the victim's entrance and bucking. The defendant committed indecent acts by force until 23:30. The defendant continued to commit indecent acts after 23:30.

D) However, the Defendant’s entry of this part of the facts charged as to the date of the instant facts charged is as follows.

본문내 포함된 표 ○ 10:10경 자신의 승용차를 운전하여 ○○대학교로 출근함. ○ 12:00경 자신의 연구실에서 공소외 7에게 논문 지도하고, 그 무렵 세미나실에서 공소외 5에게 연구 지도함. ○ 13:03경 외부 일정을 위하여 자신의 승용차를 운전하여 ○○대학교에서 나갔다가 16:57 경 다시 ○○대학교로 들어옴. ○ 18:30경부터 19:30경까지 피해자와 성북천에서 산책을 함. ○ 20:01경부터 20:05경까지 피고인의 처와 카카오톡 대화를 나눔. ○ 20:31경 자신의 연구실에서 피해자, 공소외 5 및 공소외 7 등에게 연구결과 발표에 관한 지시를 하는 내용의 이메일을 발송함. ○ 21:00경부터 21:30경까지 대학원생 연구실에서 공소외 5, 공소외 7과 연구결과 발표에 관하여 토의하고, 21:45경 위 연구실에서 나옴. ○ 21:55경 자신의 승용차를 운전하여 ○○대학교에서 나감. ○ 22:00경 피고인의 처에게 출발을 의미하는 “ㅊㅂ”라는 카카오톡 메시지를 발송함.

E) In full view of the above allegations by the victim and the defendant's behaviors confirmed by the records of this case, it appears that there is no possibility that the defendant instructed the victim to engage in crowdfunding work at the defendant's laboratory around the date and time indicated in this part of the facts charged. Moreover, it is physically impossible to say that the defendant who retired from his vehicle by driving his own car around 21:55 commits an indecent act against the victim up to 23:30 in the laboratory.

F) Meanwhile, although the Defendant stated in the police statement to the effect that he/she had dancing with the victim at the time of making a statement, it is difficult to view this part of the Defendant’s act itself to the purport that he/she had a minor dancing in a laboratory or book instead of memory with respect to the part that he/she had danced on August 23, 2014 (in order to guarantee the Defendant’s right of defense, it cannot be recognized that there was the same act as stated in this part of the facts charged, because it was based on the part of the person that the Defendant had a dance with the victim in a laboratory on another day, and at the same time and place as stated in the facts charged).

G) If so, the defendant's absence of evidence is proved, and without further examination, this part of the facts charged is insufficient to prove the credibility of the statement made by the witness of the court of first instance, and there is no other evidence to prove it (in light of the difference between the method of evaluating credibility of the court of first instance and the court of appeal according to the spirit of the substantial direct trial principle adopted by the court of first instance as an element of the court-oriented principle, there is a special circumstance to deem that the first instance court's determination on the credibility of the statement made by the witness of the court of first instance is clearly erroneous in light of the contents of the court of first instance and the evidence duly examined in the court of first instance and the evidence duly admitted in the court of first instance, or unless there is an exceptional case where it is deemed that maintaining the first instance's determination on the credibility of the statement made by the witness of the court of first instance is remarkably unfair, the court of first instance cannot reverse the first instance judgment on the ground that the first instance court's determination on the credibility of the statement made by the witness of the court of first instance is different from the appellate court's determination (see, 2014.).

3) Sub-decisions

Therefore, we accept the defendant's assertion of misunderstanding of facts as to this part.

C. Determination as to the fraud of Nonindicted 1 Industry-Academic Cooperation Foundation (hereinafter “ Industry-Academic Cooperation Foundation”) and Nonindicted 2 Educational Foundation (hereinafter “Nonindicted 2”)

1) According to the evidence duly adopted and investigated by the lower court, the lower court: (a) should request the industry-academic cooperation foundation, etc. to pay research funds in accordance with the following: ① the guidelines for managing non-indicted 1 industry-academic cooperation foundation’s extracurricular research expenses and the research management regulations; (b) the integrated management guidelines for student personnel expenses; (c) the guidelines for the management of student personnel expenses for national research and development projects; (d) the regulations on the management of national research and development projects; (e) the guidelines for the integrated management of student personnel expenses; and (e) the guidelines for the integrated management of national research and development projects; and (e) the guidelines for the management of student personnel expenses at ○ University. Nonindicted 1 Industry-academic cooperation foundation, etc. prohibits the transfer of personnel expenses among them to the personal account of the participating research institute; and (e) the collection and joint management of personnel expenses is prohibited; and (e) the Defendant prepared and submitted a list of researchers participating in research in advance and a plan for payment of personnel expenses; and (e) the Defendant thereafter, paid the amount in the deposit account in the name of the research institute’s.

2) According to the above facts, it is reasonable to view that the Defendant had an intention not to pay the Institute personnel expenses paid by Nonindicted 1 Industry-academic cooperation foundation and Nonindicted 2 from the time of filing the initial research expenses, and even if the Institute has conveyed personnel expenses paid by Nonindicted 1 Industry-academic cooperation foundation and Nonindicted 2 to the Defendant, it is difficult to view that the Institute was in charge of management and disposition of the personnel expenses to the Defendant according to the voluntary agreement between the Defendant and the Institute in light of the relationship between the Defendant and the Institute.

3) If so, personnel expenses should be paid actually to the researcher himself/herself, and if not, it is a principle that they should be recovered. If the Defendant merely notified such circumstances to Non-Indicted 1 Industry-Academic Cooperation Foundation and Non-Indicted 2, it cannot be deemed that he/she naturally approved and paid the portion of personnel expenses for the researchers. Therefore, it is reasonable to view that the Defendant’s application for payment of personnel expenses by writing the appearance of the researchers as if the personnel expenses for the researchers were

4) Meanwhile, with respect to the fraud of the victim non-indicted 2 in this part of the facts charged, the Defendant alleged that the research funds related to this part of the research funds are not subject to the prohibition on joint management of personnel expenses, such as the Regulations on Research of ○○ University, as special research funds, and thus, fraud against non-indicted 2 is not established. However, Article 3 of the Regulations on Research of ○○ University provides that "this provision applies to all research and research activities related to the research and research activities, which are the main research institute." Thus, the prohibition on joint management shall apply to non-indicted 1 industry-academic cooperation foundation like fraud against the victim non-indicted 1. However, Article 4 of the above Regulations provides that the research funds subject to this provision shall be classified into the research funds, the research funds, the research funds, and other research projects, and the details of the research funds, among them shall be determined by the Regulations on the Payment of Special Research Expenses. However, even if the research funds, as alleged by the Defendant, are not submitted, the Defendant’s act of calculating the payment of personnel expenses and the special joint management shall not affect the conclusion.

5) Therefore, since the defendant's act in this part constitutes fraud, we cannot accept the defendant's assertion of mistake of facts and misapprehension of legal principles as to this part.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. This part of the facts charged

Even if the Defendant collected the money in the name of personnel expenses for the researchers under his control and was thought to be used for other purposes while managing it for other purposes, the Defendant, by deceiving the staff of Nonindicted Incorporated Association 3 (hereinafter “Nonindicted Incorporated Association 3”) by applying for the payment of personnel expenses as if personnel expenses would normally be paid to the researchers under his control, and by receiving the total sum of KRW 14,595,804 from Nonindicted Incorporated Association 3 for five times in total, such as personnel expenses, etc., as indicated in the attached Table 1(1) Nos. 34, 5,6, and 13, and 14 of the Crime List (2), as stated in the judgment of the court below, from the person in charge.

B. The judgment of the court below

1) According to Article 14(1) of the Regulations on the Research and Development of ○○ University, in order to prevent the Defendant from using the budget in compliance with a research plan, such as unfair execution of personnel expenses, to enter into a private research and development contract with a private company, the Defendant reported the conclusion of the contract to Nonindicted Industry-Academic Cooperation Foundation and entrusted the management of research expenses, etc. in the industry-academic cooperation foundation, and the Defendant was transferred to the Teachers Ethics Committee for dismissal on account of his/her failure to report such fact in 2012.

2) Meanwhile, according to the records of this case, it is acknowledged that Nonindicted Co. 8 (hereinafter “Nonindicted Co. 8”) entered into a research contract with Nonindicted Co. 3 on June 18, 2014 by setting the contract amount of KRW 40 million and did not report it to Nonindicted Co. 1 Industry-Academic Cooperation Foundation. The Defendant directly claimed and received personnel expenses, etc. from Nonindicted Co. 8 through Nonindicted Co. 5, the researcher, etc. with respect to the payment of research expenses by Nonindicted Co. 3’s private enterprises, and there is no evidence to support that the management guidelines for non-indicted 1 Industry-Academic Cooperation Foundation, the management guidelines for non-indicted 3’s research expenses, the Act on the Integrated Management of Students’ Labor Cost for National Research and Development Projects, and the Regulations on the Management of National Research and Development Projects (Presidential Decree) shall not apply to the payment of research expenses by private enterprises of Nonindicted Co. 3.

3) In light of these facts, even if the Defendant reported the above contract to Nonindicted 1 Industry-Academic Cooperation Foundation and prevented the management of research funds under the contract by Nonindicted 1 Industry-Academic Cooperation Foundation, it is difficult to view that the evidence submitted by the Prosecutor alone, despite the intention of not paying personnel expenses to the participating researcher himself/herself, it is sufficient to prove that the Defendant obtained money by deceiving Nonindicted 3, as if it were to pay all personnel expenses, to the extent that there were no reasonable doubt.

C. Judgment of the court below

1) According to the records of this case, it is recognized that Nonindicted Company 8 entered into a research contract with Nonindicted Company 3 on June 18, 2014 by setting the contract amount of KRW 40 million for this part of this part of this research with Nonindicted Company 3’s association, and the Defendant did not report the fact that the Defendant would carry out a private research and development project at the management science research institute where the Defendant is a guidance professor, and the Defendant claimed the sum of the research funds for researchers’ personnel expenses to Nonindicted Company 8 through Nonindicted Company 3, and accordingly, the Defendant recovered from the Institute and used them.

2) If the defendant's act did not relate to the existence of a provision prohibiting joint management of personnel expenses and, without relation to whether there was a provision prohibiting joint management of personnel expenses, and the defendant's act had the payment entity of the research expenses omitted in mistake on the attribution and method of use of personnel expenses, the defendant's act may constitute deception in fraud. Thus, the judgment of the court below which acquitted the defendant of this part of the facts charged is not proper.

3) However, according to the records of this case, the Defendant, who was appointed as the representative director of Nonindicted Incorporated Association 3 on May 2, 2014 and completed the registration on May 7, 2014 of the same year. Thus, even if the Defendant was found to have recovered for the purpose of joint management of personnel expenses for researchers and used it by himself/herself, it cannot be deemed that Nonindicted Incorporated Association 3, who exercised the power of representation by the Defendant due to the Defendant’s act in this part of the charges, was omitted in mistake as to the reversion of personnel expenses and the method

D. Sub-committee

Therefore, the lower court’s conclusion that acquitted the Defendant of this part of the facts charged is justifiable, and thus, rejected the Prosecutor’s assertion of mistake and misapprehension of legal principles.

4. Conclusion

Therefore, the Defendant’s appeal on the charge of indecent act by force on August 23, 2014 among the judgment below is well-grounded. Thus, without examining the Defendant and the prosecutor’s assertion of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment of the court below is rendered as follows. The prosecutor’s appeal on the part of innocence among the judgment below is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the evidence thereof shall be deleted from Paragraph (2) of the part 2015Kadan1230 among the facts constituting the crime in the judgment of the court below, and the part 3 to 8 of the judgment of the court below in the part 2015Kadan2829 of the judgment of the court below shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding column of the judgment of the court below, except for the case where the victim non-indicted 2 educational foundation orders its own research tasks or is ordered by private enterprises, etc. as necessary by the victim non-indicted 3 educational foundation."

Application of Statutes

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

Article 298 (Indecent Act by Indecent Act by Compulsion) Article 347 (1) of the Criminal Act (Fraud)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of Circumstances, etc. explained in the Grounds for Sentencing below)

1. Order to attend lectures;

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

Registration and submission of personal information

Where a conviction becomes final and conclusive on a crime committed by indecent act by indecent act on a sex offense subject to registration, 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 is obligated to submit personal information to the competent agency pursuant to Article 43

An order to disclose or notify personal information;

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances that may not disclose and notify personal information.

Reasons for sentencing

1. Scope of recommendations according to the sentencing criteria;

1. Sex Offenses (sex Offenses)

【Scope of Recommendation】

General Standard> Crime of Indecent Act by Indecent Conduct (subject to 13 years of age or older)> Class 1 (General Indecent Act by Indecent Acts) : Basic area (6 months or 2 years).

【Special Convicted Persons】

None

Second Crime (Fraud)

【Scope of Recommendation】

General Fraud> Type 1 (less than KRW 100,000) : Basic Area (from June to June)

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years.

2. Determination of specific sentence;

A. Although the Defendant, as a professor guiding Nonindicted 4, should be faithful to the role of the professor’s main position to train the victim Nonindicted 4, the Defendant committed an indecent act by compulsion of the above victim on the ground that he was in a superior position with respect to the above victim. Since then, on September 21, 2014, the victim was urged from the Defendant to temporarily attend school on the ground of research performance, etc., and the victim was temporarily in school for a long time, and the result of the above victim’s damage, such as receiving mental treatment, etc., is significant. In addition, the amount of the acquired crime of this case, which is recognized as guilty, reaches KRW 90,00,00 and obtained pecuniary benefits using the superior position of the researcher, and thus, the crime is not good. Accordingly, the Defendant is selected to be sentenced to imprisonment with prison labor, considering such sentencing factors.

B. However, the following circumstances need not be considered in determining the term of punishment and the suspension of execution of the above victim’s punishment. However, even if the result of the above victim’s damage revealed in the oral proceedings of this case is significant, the damage is deemed to be concurrent between the crime of indecent act by force of the defendant which the court acknowledged the defendant guilty and the crime of sexual harassment committed before and after the crime committed by the defendant, and the above victim’s critical attitude after the agreement on the division of relationship. However, all acts that can be criticized by the defendant cannot be reflected in the sentencing, and only those closely related to the guilty part by the principle of no punishment without the law and without the law should be reflected in the sentencing. From such perspective, the crime committed against the above victim was committed once more than the crime committed by indecent act, and the amount to be reflected in the sentencing of this case’s crime was considered to be mental damage immediately after the crime committed by the victim committed on August 19, 2014, and the defendant did not return all the causes of the suspension of study to the defendant’s own criminal intent and did not violate the principle of fraud.

C. Ultimately, considering such factors of sentencing, the term of imprisonment shall be set and the sentence shall be suspended, taking into account the circumstances that may be considered in the above circumstances, and the sentence shall be determined as per Disposition.

Parts of innocence

The summary of this part of the facts charged is the same as that of the above 2-B(1)(A). Since there is no proof of facts constituting a crime, such as that of the above 2-B(2)(b)(2), a not-guilty verdict is made under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the part not-guilty is publicly notified under Article 5

Judges Kim Jong-sung (Presiding Justice)

심급 사건

-서울동부지방법원 2016.7.14.선고 2015고단1230, 2829(병합)

서울동부지방법원 2016.10.27.선고 2016노1161

-대법원 2017.8.29.선고 2016도18986

원심판결

-서울동부지방법원 2016. 7. 14. 선고 2015고단1230, 2829(병합) 판결

본문참조판례

-2015고단1230

-2015고단2829

-대법원 1985. 11. 26. 선고 85도2109 판결

-대법원 2002. 4. 26. 선고 2001도2417 판결