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(영문) 수원지방법원 2019.07.18 2019노1493
강제추행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the provisions of Articles 1-A, 2-A, and 3-A of the facts charged in the instant case, Defendant 1’s misapprehension of the legal principles, the prosecutor entered the date and time of the crime in this part of the facts charged in a single week in the equal annual period between December 11, 2017 and January 28, 2018, and the same part of the indictment is deemed to be null and void as the procedure for institution of public prosecution is in violation of the provisions of the Act. 2) Although the Defendant did not have committed an indecent act intentionally by force against the victims as stated in each of the facts charged in the instant case, the lower court erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

3) The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of KRW 7 million and order to complete a sexual assault treatment program is too unreasonable for 40 hours.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The purpose of Article 254(4) of the Criminal Procedure Act, which requires the submission of specific elements of the facts charged, is to facilitate the exercise of the defendant's right of defense by specifying the scope of the defendant's defense. Thus, it is sufficient that the facts charged are stated to the extent that it can easily distinguish specific facts that meet the requirements for the constitution of the crime from other facts by comprehensively taking into account the specific elements, and the "date" of the crime as stated in the above legal provision is stated to the extent that it does not conflict with double prosecution or prescription. Thus, even if the date of the crime is not specified in the indictment, the statement is not contrary to the extent mentioned above, and it is inevitable to indicate the time in light of the nature of the crime, and the defendant's right of defense against it.

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