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(영문) 청주지방법원 2019.10.18 2019노147

강제추행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is reasonable to deem that the defendant spawn with the victim visiting the door room to view the part-time interview constitutes the crime of indecent act by compulsion, although it is reasonable to deem that the defendant spawn's dancing on the victim's spawn constitutes the crime of indecent act by compulsion. However, the judgment below which acquitted

2. Determination

A. In the trial court, the ex officio determination prosecutor applied for changes in the indictment with the contents of the previous facts charged as follows, and since this court permitted this, the judgment of the court below cannot be maintained as it is.

However, even if there are such reasons for ex officio destruction, the prosecutor's assertion of misapprehension of the legal principles is still related to the revised facts charged and this is still subject to the judgment of this court

[2] On June 13, 2018, the Defendant: (a) around 16:30, the Defendant: (b) on the street in front of the West-gu, Seoi-si; and (c) on the idea that he wanted to feel a sense of care to the victim D (a person aged 34) and return to the victim; (d) “a person to dye a coffee”; and (e) was placed in the said coffee shop with his own hand, and continued not to drink a coffee; and (e) the victim, who moved out of the said coffee shop, sent a film to the video room on the fourth floor of the building where the said coffee shop was located, she was fryed with the victim’s hand, and she was frighted with the victim’s hand, and she was frighted with the victim’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

[Post-Modification the facts charged] On June 13, 2018, the Defendant: (a) on the street in front of Western City, Seo-gu, Seo-gu, Seo-gu, Seowon-si, (b) expressed that he would feel a sense to the victim D (a person who is 34 years of age) and go back to the victim; and (b) came to have his hand to the part of the victim’s sat, such as the victim, etc.; and (c) continued to go to go to the said coffee shop; and (d) prevented the victim from going to the outside of the said coffee shop by going to go to the video room on the fourth floor of the building where the said coffee shop is located; and (e) block the victim by selling both arms.