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(영문) 부산지방법원 2021.02.03 2020노1617
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit an indecent act by force against the victim at the time of the instant case.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000,00,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In this court of first instance, the prosecutor filed an application for permission to amend the part on the charge No. 2 of the judgment of the court below to "I wish to kisk a victim's kisck, sck, sck, sck, scam, etc." to "I scam to scam the victim's scam, and the defendant's scam return the scam to contact the part on the victim's upper scam, etc."

In this respect, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal ex officio, the defendant's assertion of mistake and misapprehension of legal principles is still subject to the judgment of this court within the scope related to the revised facts charged, and this is examined in the following three paragraphs.

3. The following facts or circumstances found by the evidence duly adopted and investigated by the court below regarding the Defendant’s assertion of misunderstanding of the facts and legal principles, namely, ① the victim submitted a written complaint to the Defendant on November 15, 2019, and the investigative agency followed the Defendant on the ground that the Defendant “I am to drink in the singing box at the time of the instant case and I am out of the? I am to drink?”

However, it was difficult for the defendant to cause himself/herself to sit in the stairs, and thereafter, in the middle of the defendant and the stairs.

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