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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2020.06.24 2019노1722
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error1) Part 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts with Occupational Authority, etc.) ① In relation to indecent acts in Article 1-A and paragraph (b) of the judgment of the court below, there is no fact that the defendant gets the victim D's losses, and the court below found the defendant guilty of this part of the facts charged. ② In relation to indecent acts in Article 1-C or matters in the judgment of the court below, the defendant was merely the victim's losses with the consent of the victim D, but the court below erred by determining that the defendant committed an indecent act against the above victim and found the defendant guilty of this part of the facts charged. 2) In the situation where the defendant is threatened with the assault, it is merely an assault against the victim I in a defensive manner.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution in six months of imprisonment, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Determination 1 on the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Law on the Punishment, etc. of Sexual Crimes) the Defendant also asserted the same purport in the lower court’s judgment. On this issue, the lower court filed a separate complaint against the victim D’s indecent act at the same time and place, i.e., (i) the victim first knife his/her hand, and (ii) the victim’s indecent act on July 16, 2018 (the part 1-A in the original judgment) was made and made at a special place for driving practice, and made a statement clearly that he/she is recorded in a special place for driving practice, and (iii) the credibility thereof is high; (iv) the Defendant committed indecent act (the part 1-B in the original judgment) on July 25, 2018, even though the Defendant did not take a knife at an investigative agency, but made a physical contact with the Defendant’s hand and made an apology.

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