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(영문) 대구지방법원 2016.01.08 2015노1103

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute an indecent act by force against the victim as stated in the facts charged of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The lower court’s judgment: (a) the following circumstances revealed by the evidence duly adopted and investigated by the lower court; (b) the victim was committed an indecent act as indicated in its reasoning from the police to the court; and (c) the victim was committed against friendly G immediately after the prosecution.

The president shall set up the unsatisfy of the president.

“” sent the Kakao Stockholm message

(2) On February 22, 2014, the victim made a consistent and detailed statement with regard to the indecent act at the time of the indecent act and the situation before and after the withdrawal; (3) around February 22, 2014, the victim sent to the defendant the contents of the indecent act to Kakao Stockholm Stockholm message (2015 pages); and (4) around March 17, 2014, considering the fact that the victim was under the influence of alcohol at the time of the instant case, it is difficult to view that the victim was under the influence of alcohol; and (5) the victim’s indecent act committed by the victim was not subject to dismissal as the victim, but the victim did not have been subject to dismissal. In full view of the fact that the victim’s indecent act was under the influence of alcohol at the time of the instant case.

The court judged the facts charged in this case and found guilty.

(b) Determination of the Committee’s deliberation;