(영문) 부산지방법원 2018.10.12 2018노1295 | 리걸엔진

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(영문) 부산지방법원 2018.10.12 2018노1295

강제추행

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the course of passing by the victim’s side, the Defendant merely caused the victim’s body, and there was no fact that the victim’s her son was her her butt.

B. Sentencing, even if the Defendant was found guilty, the lower court’s punishment (the amount of 4 million won, the completion of sexual assault treatment programs for 40 hours) is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the judgment.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of a case, taking into account the seriousness of the crime, the risk of recidivism, etc., while sentencing punishment for an individual sex offense case by the court, and Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall also apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally binding.

In this respect, the judgment of the court below is no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the facts against the judgment of the court below is still subject to the judgment of the court, and the following is examined.

3. The following circumstances found by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., ① the victim went back to the front part of the lower court having the lower court’s traw, and the victim went to the investigative agency, as the male left in his hand.

At the time of the string, the string can face a short-term straw.

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