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(영문) 인천지방법원 2014.09.26 2014노1194
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victims as stated in the facts charged.

B. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 56 hours of order to attend a course) is too unhutiled and unreasonable.

2. Ex officio determination

A. Of the facts charged in the instant case, the Defendant discovered the victim F’s signature in front of his book in the attendance room at around 11:15, on September 2012, 2012, around September 11, 2012, that the victim F was committing indecent act by compulsion against the victim F. The Defendant committed indecent act by compulsion.

The defendant sits in a person who is next to the victim and takes one's own arms in the arms of the victim.

After dancing, the victim's left her part of his her maret, and the victim's her mare forced by indecent act.

B. B. Before determining the grounds for appeal by the Defendant and the prosecutor, the aforementioned facts charged are an offense falling under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Criminal Act”) and can be prosecuted only when a victim files a complaint pursuant to Article 2 of the Addenda to the Criminal Act (No. 11574, Dec. 18, 2012) and Article 306 of the former Criminal Act.

In addition, the main text of Article 230(1) of the Criminal Procedure Act provides that a complaint shall not be filed after the lapse of six months from the date on which the offender becomes aware of an offense subject to complaint

Article 19(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11729, Apr. 5, 2013) provides that the period of filing a complaint against a crime subject to victim's complaint among sexual crimes shall be one year. However, upon the amendment of the said Act by Act No. 11729, Apr. 5, 2013, Article 19 of the said Act was deleted, which provides for a special exception to the period of filing a complaint, and the Addenda to the said Act does not provide for a separate provision regarding the scope of the application of the said amended provision. As such, Article 230 of the Criminal Procedure Act concerning the period of filing a complaint against a crime subject to victim's complaint, as seen earlier, was amended by F.

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