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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the guilty part of the judgment of the court below which found the Defendant guilty of indecent act by indecent act) did not constitute an indecent act by force against the victim. Nevertheless, the court below convicted the victim of indecent act by indecent act by force. The judgment below is erroneous in misunderstanding of facts. 2) The sentence (one year of imprisonment and two years of suspended execution) sentenced by the court of unfair sentencing is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (not guilty part of the judgment of the court below) and I constitute a disguised marriage to allow the defendant to enter the Republic of Korea. Nevertheless, the court below determined that the defendant and I had an intention to form a living relationship recognized as a married couple in view of the intent or social norms to cause mental and physical combination at the time of marriage, and acquitted the defendant, respectively, on the grounds that there was an error of misunderstanding of facts, and that there was an error of misunderstanding of facts. 2) The sentence (one year of imprisonment and two years of suspended execution) sentenced by the court below on unreasonable sentencing is too unreasonable.
2. Determination
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted lies on the prosecutor, and the conviction of guilt ought to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it should be determined with the benefit of the defendant.
(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.). B.
The court below held that the victim's statement is consistent and specific, there is no special motive or reason for the victim to dismiss the defendant, and the victim has committed an indecent act from the defendant, and the victim has committed an indecent act.