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(영문) 수원지방법원 2017.11.24 2017노4807

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the facts charged of this case on the sole basis of the victim's statement with low credibility in light of the summary of the grounds for appeal (misunderstanding of facts), the relationship between the defendant and the victim, the victim's statement is changed, and CCTV images cannot find any contact with the victim. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence adopted and examined by the lower court: (i) From the time of the first report to the lower court, the victim “from the time of the first report to the date of the lower judgment, the victim “the victim’s shoulder and satisfies the victim’s shoulder,” a relatively consistent statement as to the main part of the instant criminal facts; (ii) the victim immediately left the place of convenience immediately after the victim committed an indecent act and reported the following damage to the investigative agency; and (iii) without blocking contact by the Defendant’s telephone, the victim was not the victim

In other words, there is an outline to contact.

In other words, the victim’s statement is difficult to find out circumstances to suspect the victim’s statement in the victim’s behavior. ③ Even when the statement was made by the Defendant and the victim, the victim made a false statement to the effect that there is no particular conflict between the Defendant and the victim, and thus, there seems to have been no reason to undermine the Defendant by making a false statement. ④ The victim appears to have been clearly required to report the Defendant as much as he could have been at risk of causing disadvantages to the police when reporting the Defendant, who is the insurance customer, to the police, as the insurance solicitor, to the extent that he could have been at risk of causing disadvantages to the police. ⑤ The Defendant also called “the victim” at the investigative agency, but the victim took a variety of places.

“The victim partially recognized the fact that the victim had access to the sexual intent by making a statement to the effect that “.”