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(영문) 수원지방법원 2013.09.12 2013노2366

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed indecent act by compulsion as stated in the facts charged, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The victim's assertion of mistake of facts as to the part of the injury did not see the victim's head as stated in the facts charged except for the victim's head debt by putting the victim's head, and the defendant's act of ppuri as above constitutes self-defense, but the court below erred by misunderstanding the facts that the court below found the defendant guilty as to this part of the facts charged and thereby affecting the conclusion of the judgment.

2. Determination:

A. A. The summary of the facts charged in the instant case (1) around 22:00 on November 9, 2012, the Defendant committed an indecent act by force against the victim by putting the gap in which there is no person in the surrounding area by inserting it out from the platform of the luminous master distance station of light-ray 7 subway line located in 158, Gwangju-dong 158, and then going out from the subway station of light-ray 7, 158, and by earphone, earphone C (25 years of age, women) who walked with music by earphone, and attaching the following even.

(2) At that time, the Defendant, as the victim C, called “her head,” was the victim C, immediately faced with the victim’s head debt at one time by putting the victim’s head debt, and had the victim faced with the wall at one time, and was absent from the opening area, and the victim who gets away from the opening area, reported the victim’s head debt to the police on the floor, thereby spreading the victim’s head debt on the floor.

Thus, the defendant put the victim with base base, the base base, the base base, and the base of the fluorial salt.

B. The following facts and circumstances acknowledged by the lower court’s judgment, namely, ① the situation at the time of the instant case and the measures subsequent thereto, and the victim.