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(영문) 수원지방법원 2020.06.18 2019노5988
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the first instance court on the illegality of the trial procedure is not exempt from reversal due to the conviction formed through the following illegal process.

1) According to the evidence list submitted by the prosecutor, the “false” is already indicated as the result of the prosecutor’s inspection. This is an infringement of the Defendant’s procedural right by causing the court to make a presumption that the Defendant is making a false statement. 2) It infringes the Defendant’s procedural right to explain the victim’s intent to the effect that “the Defendant is guilty” after the first trial date and the Defendant’s last statement was made.

B. The Defendant did not commit an indecent act by compulsion against E as stated in the facts charged.

Nevertheless, the judgment of the first instance court that found the defendant guilty of the facts charged is erroneous in the misconception of facts.

C. Even if there is a fact that the Defendant took charge of E’s shoulder as stated in the facts charged, it cannot be assessed as an indecent act.

Nevertheless, the judgment of the first instance court that found the defendant guilty of the above facts charged is erroneous in the misapprehension of legal principles.

The judgment of the court of first instance on the accused of unfair sentencing (the imprisonment of eight months and the suspended execution of two years, the taking of sexual assault treatment lectures of forty hours, the community service for 80 hours, the restriction on employment between three years) is too unreasonable.

2. Determination:

A. As to the allegation of illegality in the trial procedure, 1) In order to recognize admissibility as evidence with factual relevance to the result of the examination of a false detection device, 1) a change in a certain psychological state occurs if a false statement is made, 2) a change in the psychological state necessarily causes a certain physiological reaction, and 3) an accurate determination of whether the speech of the person under examination is false due to the physiological response.

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