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(영문) 대구지방법원 2020.08.25 2020노1370
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles only have a natural contact with the victim by an agreement with the victim, and there was no indecent act by force against the victim’s will. The lower court found the Defendant guilty of the facts charged on the grounds of the victim’s statement without credibility or H’s statement, etc. In so determining, the lower court erred by misapprehending the facts or misapprehending the legal doctrine. 2) The lower court’s sentence of unfair sentencing (six months of imprisonment and forty hours of attendance order) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the part concerning aiding and abetting the violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy) examined the creation of virtual currency transactions for the purpose of concealing illegal assets, preventing large amount of money laundering, and preventing speculation, etc. The Financial Services Commission set the limit on the amount of foreign exchange transmission. According to the purport of setting the limit on the amount of foreign exchange transmission, Defendant’s act constitutes an evasion of law corresponding to the concealment of illegal assets, money laundering, etc. Nevertheless, the lower court erred by misapprehending the fact that there was no proof of crime against this part of the facts charged, or by misapprehending the legal doctrine. 2)

2. Determination

A. In light of the following facts acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, or the circumstances that could be inferred in light of such facts, the Defendant can be found to have committed an indecent act against the victim’s will.

In the judgment of the court below on this part, there is no error of mistake or misapprehension of legal principles alleged by the defendant or defense counsel.

1) As to the credibility of a victim’s statement, the victim may make a statement at the time of the investigation agency and the court of original instance on the damage situations.

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