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(영문) 서울중앙지방법원 2017.01.13 2016노3456

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is a victim E (hereinafter “victim”).

There is no fact that he or she committed an indecent act against the victim, such as facts charged.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined by the lower court and the appellate court, the following facts and circumstances are acknowledged.

The facts that the defendant committed an indecent act against the victim, such as the facts charged, can be recognized based on such facts.

1) The victim said two times at the investigative agency, the lower court, and the appellate court, that “The Defendant was bad” before K (Seoul Guro-gu L).

피고인을 경찰에 신고하려고 하자 피고인이 손을 뻗어 핸드폰을 빼앗으려고 하였고, “ 싸가지가 없다”, “ 이게 성 추행이야”, “ 좃까지 마라” 는 등의 욕설을 하며 어깨 부분을 쳤다.

The defendant shall be held Magman in the body of his/her body.

The term "" refers to "the defendant and ditches were moved to D in front of that building.

The defendant continues to take a bath before D and has reached the upper part of the shoulder and chests at the end of the hand.

2. The term “assumed.”

The victim's speech is consistent and concrete about the background of the indecent act and the situation before and after it.

There is no special circumstance that the injured party is able to gather the defendant by falsity, and there is no circumstance that the injured party demands excessive amount of agreement to the defendant.

The statements of the victim may be trusted.

2) The closed circuit (CCTV) video (hereinafter referred to as “video”) installed in front of D is limited to video.

It is confirmed that the defendant's damage was caused by the loss of the victim's chest to the upper part of the victim's breast, and the close part of the victim was caused by the victim's loss, and that the victim was faced with the back of the damage of the defendant, and that one of the persons around the defendant was faced with the victim, and that one of the persons around the defendant was strongly prevented the defendant.