(영문) 서울고등법원 2020.07.23 2020노619 | 리걸엔진

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(영문) 서울고등법원 2020.07.23 2020노619

강제추행치상등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although evidence consistent with the facts charged as to the act of causing the injury by indecent act by indecent act, which is the part not guilty of the lower judgment, such as mistake of facts, exists, the lower court rendered a not guilty verdict on the charge of causing the injury by indecent act by indecent act on the grounds that it is difficult for the victim to obtain some statements about the circumstances before and after the instant case to understand, and thus, erred by misapprehending the legal doctrine on the credibility of the witness’s statement.

B. The lower court’s sentencing is too unjustifiable and unreasonable.

2. An ex officio prosecutor shall maintain the facts charged as to the injury by indecent act by indecent act committed by the court below in the trial room as the primary facts charged, and the name of the crime in the preliminary charge shall be "Assault", Article 260(1) of the Criminal Act shall be "Article 260(1) of the Criminal Act", and an application for amendment to a bill of amendment was filed with the same content as the statement of "the reason for the judgment in which the case was used" under the ancillary facts charged, and this court

However, as examined below, this court found the Defendant guilty of the injury caused by indecent act by compulsion as the primary facts charged in the court below, and found the Defendant guilty of assault, which is the conjunctive facts charged. As such, the part of acquittal of the court below, which is only the primary facts charged, cannot be maintained. The crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (Violation of Information and Communications Network Utilization and Information Network Utilization, etc.) which the court below found the Defendant guilty, should be sentenced to one punishment in relation to the crime of assault

However, the prosecutor's order is given despite the above reasons for reversal.

참조조문

-정보통신망 이용촉진 및 정보보호 등에 관한 법률

-형법 제260조 제1항

유사 판례

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