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The judgment of the court below is reversed.
The case is remanded to the exclusive trial division of the Gwangju District Court.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case of mistake of facts, the lower court erred by misapprehending the fact that there was no evidence to support the fact that there was a complaint on the said facts, on the ground that there was no evidence to prove that there was a complaint on the said facts, since the fact that there was no evidence to support the fact that there was a complaint on D, which was drafted on February 5, 2013, prior to the instant indictment.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in six months of imprisonment and forty hours of attending the sexual assault treatment course) is too uneasible and unreasonable.
2. As to the assertion of mistake of facts, a complaint in an offense subject to prosecution on complaint may be filed in writing and orally with the person having the right to file a complaint filed a report on the facts to the investigation agency and with the declaration of intent to punish the offender. The prosecutor or judicial police officer who received an oral complaint shall prepare a protocol, but it does not need to be an independent protocol, and if the investigative agency examines the person having the right to file a complaint as a witness or the victim, the complaint is duly filed if the statement contains an expression of intent demanding punishment of the offender
(2) According to the records of the instant case, the victim D did not submit a written complaint, but was investigated by the police on February 5, 2013 as the victim, and the Defendant stated the above victim’s indecent act by force as stated in this part of the facts charged, and made it clear that the Defendant expressed his/her intent to demand punishment at the time of the declaration of intent, and the fact that the Defendant’s defense counsel consented to the above written complaint during the second trial of this Court and the evidence investigation was completed is acknowledged.
Examining the above facts in light of the legal principles as seen earlier, this part of the facts charged is.