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(영문) 창원지방법원 2019.08.20 2018노1619
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence, and forty hours of sexual assault treatment lectures) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with the content that the prosecutor adds the facts charged alternatively at the trial court. This court permitted this and changed the subject of the judgment, and this court found the defendant guilty of the facts charged alternatively added as follows. Thus, the judgment of the court below cannot be maintained as they are.

3. In conclusion, the court below's decision is reversed ex officio and it is again decided as follows, without examining the prosecutor's grounds for appeal, pursuant to Article 364 (2) of the Criminal Procedure Act, so long as the court below found the defendant guilty of selective charges subject to the trial only at this court, there is no need to separately determine the selective charges subject to the trial at the court below.

【The reason for the judgment to be rendered in multiple times】 The criminal defendant was sentenced to imprisonment with prison labor for one year in the Jinwon District Court's Jinju branch on November 8, 2017, and the above judgment became final and conclusive on February 23, 2018.

On May 30, 2017, the Defendant engaged in publishing business under the trade name “B” and employed victims C (n, 21 years of age) for the management of the website.

According to G dialogues between the Defendant and the victim in Jinju-si L on May 31, 2017, around 19:00, the Defendant informed the victim of '5377710 on May 31, 2017 and '5:32 on June 13, 2017' and allowed the victim to use library computers.

However, the above number is the defendant.

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