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(영문) 창원지방법원 2014.12.11 2014노2209

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal asserts that the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant did not have committed an indecent act by force against the victim.

2. Determination

A. On April 4, 2014, the Defendant: (a) around 01:25, the instant facts charged: (b) caused the victim D (here, 49 years of age) to drinkd rice tea at the front of the package c in Changwon-si, Changwon-si; (c) during drunking, the Defendant Dacian said D (here, 49 years of age) to be drinking rice tea; and (d) caused the victim’s desire to do so; (c) Dacian to her humbly humd “I humb humb humb humb hums from the victim”; and (d) Doc hum humb hum humb humb hum humb humb humb hum humb humb humb hum humb humb hum humb h

B. The lower court found the Defendant guilty of the instant facts charged.

C. The judgment of the court below that held that the defendant committed an indecent act by force on the part of the victim, taking into account the following circumstances, i.e., ① the victim’s specific and consistent statement as to the facts of damage and its circumstances, ② the CCTV images: (a) the victim’s fingers off the victim’s shoulder part; and (b) the victim’s fingers back to the victim’s chest; (c) the victim was confirmed as to the part of the victim’s fingers, thereby complying with the victim’s statement; (d) the victim was forced to commit indecent act by force from the Defendant immediately after the instant case; and (d) the Defendant was found to have committed an indecent act by force on the part of the police, taking into account the following circumstances:

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.