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(영문) 대구지방법원 2014.04.03 2013노2900

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in the time and place of the judgment of the court below, had the victim E face with one another, and did not have the victim’s chest due to his hand.

The court below found the defendant guilty of this part of the facts charged.

B. The injured victim G was first flicked and flicked by the Defendant, and the Defendant was defended, and there was no face of G.

The defendant's act constitutes self-defense.

The court below found the defendant guilty of this part of the facts charged.

2. Determination

A. Until the investigation agency, the lower court, and the first instance court, the victim E made a specific and consistent statement that “A victim of indecent act by indecent act by indecent act was on a lane with a male-child job H, a substitute driver, and as the Defendant, who was on the way and in the future, was able to take part in personnel affairs, he/she has reached once the victim’s right chest due to his/her fingers.”

The statements made by the victim and H in the court below at the time are consistent with the victim's statement, and the following facts acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim and H immediately after the indecent act of this case, attempted to avoid the defendant's occupation, and the victim and H drive away from the victim and H. Meanwhile, the victim reported that he was forced to commit indecent act by force to the police, and the victim reported that he was forced to commit indecent act by force to the police, and that the foreigner was her chest by telephone to the G, etc. who was playing together on the day, and there was no special reason to believe the defendant by reporting false facts to the victim, the victim's above statements made by the victim are credibility.

The defendant asserts that the victim's statement is not reliable while the police investigation process requires the defendant to reach an agreement, but the defendant and the victim are not reliable.