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As for a woman in her 40s who was sentenced to prison for being innocent of sexual assault by her counselor, “innocence cannot be established unless the accused maintains a consistent position and attitude, and the fact that the accused has sued the advisor as a basis is not false. ” The sentence of the Supreme Court came out. In order for the allegation of innocence to be admitted, it is necessary to positively demonstrate that the fact of the complaint is false.
The second part of the Supreme Court (Chief Justice Kim Sang-hwan) canceled the court case, sentencing to 1 year in prison for Mr. A, who was accused of being innocent for sexual assault on Professor B, who gave his thesis doctoral. It was announced on the 17th that he was sent back to.
In November 2016, Mr. A said: “Professor B used his position to commit adultery habitually 14 times from December 2014 to May 2016, and tried to rape himself in June 2016. He sued the professor on charges of adultery because of his workforce.
In response, Mr. B rebutted, saying, “I have been in a relationship with Mr. A and have consensual sex.” “There is no fact that he did not rape Mr. A or commit adultery using his supervisor position.”
In May 2017, the prosecution investigating the case said: “ There is no data to prove that he committed adultery multiple times ” and, due to insufficient evidence, the prosecution dismissed the case. After that, Professor B sued Mr. A for innocence.
Mr. A, who was accused of innocence, said in the trial process: “Mr. B actively used his position to groom A, which made him psychologically irresistible and commit adultery. It does not fall under innocence. “
The first and second trials did not accept Mr. A’s argument. In the first trial, the first trial court said that Mr. A reversed his statement during the investigation, a text message sent by Mr. A to Professor B before and after the damage occurred, and Professor B’s wife, who learned of the matter, filed a lawsuit against Mr. A for damages. Took note of the presentation of the complaint.
The first trial judge said: “If you put together a number of circumstances, you can fully admit that Professor B was innocent by reporting false facts, although Professor B did not rape Mr. A or commit adultery with Professor B using his position or influence. I can, ”he sentenced to eight months in prison and two years of probation.
The court of the second trial sentenced him to one year in prison, which is more severe than the first trial, saying: “Mr. A denies the crime in this case and shows no reflection, but damages Professor B through the media. Communication”.
The Supreme Court ruling was different. The Supreme Court said: “Innocence is a crime that occurs when the denounced act is a false act contrary to objective truth, with the purpose of subjecting others to criminal or disciplinary action.” It is difficult to say that this has been achieved ”.
He then emphasized that “the report should not be condemned as false, using the fact that the report has been reported as innocent or not guilty.”
The Supreme Court said: “In addition to the hierarchical relationship between the supervisor and the disciple, if you consider the fact that you have confessed all the problems and hurts within Mr. A to Prof. B and have been consulted for the solution, you submit to the authority of Professor B or has a relationship of trust with him. There is much room to consider that it should be trusted, “he said.” It is difficult to rule out the possibility that the sexual relations between Mr. A and Professor B took place in a state where Mr. A’s free will or the right to determine sexual self-determination was dominated. “
