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(영문) 서울서부지방법원 2015.03.26 2014노1410

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the victim C was unable to properly hold the body of drunk in a taxi, the defendant did not commit an indecent act against the victim as stated in the judgment below, the judgment below which found the defendant guilty of the facts charged is erroneous in the misapprehension of facts.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the facts that the Defendant committed an indecent act by placing the victim in the clothes of the victim while boarding and leaving the taxi together with the victim at the date stated in the judgment below can be sufficiently recognized. A.

With respect to the specific contents of indecent act by compulsion, the victim made several statements from the investigative agency to the original trial court, and consistently made statements from the investigative agency to the court below, that “the victim left the taxi in which they want to go to the native house. At the middle of the front seat of the taxi, the victim was seated, and the Defendant was seated behind the front seat of the knee, and the Defendant was knee by placing the victim in knee and kne in the kne. The Defendant was skne, and the kne was cut. The victim was kneed and cut off the phone in order to ask his address to knee and kne, but the Defendant was only kneed in the same manner,” and there was no special conflict between each statement.

B. The victim knew about the fact that the defendant was living in Kakaox immediately after the indecent act by compulsion, and sent the police station the fact that he was aware about whether he was aware of the following parents, and the fact that he was aware of the following parents. (Evidence No. 50, No. 51) The credibility of the victim's statement is high, and the victim did not request the assistance of the Kakao engineer separately at the time of the instant case, but did not speak about the Kakaox.