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(영문) 서울서부지방법원 2013.06.13 2013노115

강제추행

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the mistake or misunderstanding of legal principles) did not commit an indecent act by making soup through the use of a saf, by safing the safs of the victim, and the Defendant’s safs the body of the victim during the safs in a narrow space.

Even if there was no intention to commit an indecent act, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, thereby affecting the conclusion

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below. ① The statements made by the victim at the court below and the court of the trial were partly different from the statements made by each investigation agency as testimony during the past one year after the lapse of one year after the occurrence of the case. However, there are consistent and detailed statements made by the investigation agency about the situation in which the victim was committed an indecent act and the circumstances and process during which the defendant was identified as the offender and reported to the investigation agency. ② The victim reported the facts of his damage immediately through 112 around 08:45 on the same day after the occurrence of the case, and the young female victim reported to the investigation agency without any justifiable reason, and it is difficult for the victim to clearly understand that it was difficult for the victim to punish the defendant with strong punishment without any special damage, ③ it is hard to understand that the victim and the defendant were accompanied by the police station without reporting his or her phone number to the police station.