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(영문) 대전지방법원 2018.10.24 2017노2860
상해등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive.

Reasons

1. The lower court rendered a judgment dismissing a public prosecution against the crime of assault among the facts charged in the instant case, and pronounced guilty of the remainder of the facts charged. The Defendant filed an appeal only against the guilty part, and since the prosecutor did not appeal against the dismissal part of the public prosecution, the part dismissing the above public prosecution becomes final and conclusive, the scope of the judgment of the lower court is limited to the convicted part of the

2. Summary of reasons for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) As to the crime of forced indecent act, the Defendant kisked the victim, but this was committed in the process of leaving the victim with the knowledge that the victim would be able to find the Defendant, and there was no intention to commit an indecent act against the Defendant, and the Defendant’s above act infringed the victim’s sexual self-determination right.

There is no fact of assault or intimidation to the extent that it is difficult to resist the victim, and there is no fact of assault or intimidation, so forced indecent act is not established.

2) Although there was a fact that the Defendant asked the victim to kis, there was no fact that the Defendant forced the victim to kis, and there was no intention to do so, and there was no intention to do so, and the Defendant’s above act infringed on the victim’s sexual self-determination right.

shall not be deemed to exist.

B. The Defendant with mental disorder was under the influence of alcohol at the time of committing an attempted indecent act by compulsion of the instant case.

3. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) stipulates that a person who was finally determined after having been sentenced to punishment or treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) shall be employed by a child or juvenile-related institution uniformly for ten years from the date on which the execution of all or part of the punishment or treatment and custody was completed or suspended or exempted.

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