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(영문) 서울중앙지방법원 2019.01.10 2017노287

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal - mistake of facts and misapprehension of legal principles

A. The Defendant was trying to avoid D, which was in contact with D and did not commit an indecent act against D.

B. Nevertheless, the judgment of the court below which convicted the defendant is erroneous and erroneous in understanding the legal principles as to the crime of indecent act by compulsion.

2. In full view of the evidence duly adopted and examined by the court below and the court below, the court below's judgment convicting the facts charged of this case is just and there is no error of law in finding facts or in understanding the legal principles as to the crime of indecent act by compulsion.

The main point of the defendant's elbow is that the defendant's elbow is moving the body rapidly in order to avoid the male ties of the victim and the victim's elbow in his own view while carrying with her female-friendly equipment and her shoulder, but it is true that the defendant's elbow contact with the shoulder part of the victim's elbow, however, there is no intentional indecent act by forcing the victim's chest.

B. At the time of the indecent act, the victim stated to the effect that “the entrance was not complicated because there was no other people, and the entrance was left close equally, and thus there was no situation to see it as the other party.” The Defendant’s female-friendly witness G was also stated to the effect that “the primary floor was the one, and the entrance was broad, but the victim was not in a situation to see it as the victim from a wide range of slick lines.”

(13 pages). (c)

If the victim and G are gathered as one of the above statements, the victim and the victim were in the vicinity of the broad entrance of a large retailer and did not intend to pass by other people at the time, there is no reason to approach the victim's behavior and the defendant's behavior to the extent that they are faced with.