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(영문) 수원지방법원 2017.06.29 2016노8408

준강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (misunderstanding of facts) is consistent with the facts charged from this investigation agency to the court below. The victim E (the 18-year old age), the victim E (the 18-year old age), as well as the victim’s relative to the victim on the day.

J also made a statement in compliance with the victim's statement from the investigative agency to the court of the court below. The defendant made a statement from the investigative agency to the court of the court below. The defendant stated at the investigative agency that "it is not so so many victims have taken," but "I cannot recognize the credibility of the defendant's statement by destroying the victim's statement, and I cannot recognize the credibility of the defendant's statement when considering the friendly relationship between the defendant and the defendant, who worked together with the defendant in D, with the defendant, and the defendant cannot recognize the defendant's credibility when considering the friendly relationship between the defendant and the defendant. When considering the fact that the victim dices alcohol exceeding the ordinary amount of drinking, it is difficult to see that the victim did not resist under the victim's awareness when considering that the defendant was frighten, and it is difficult to see that the defendant did not resist the victim's mind even though she had found the victim's body, received the victim's axis without having the victim's body at the location of the victim, and entered the victim's body with the CCTV.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

2. The lower court determined that the Defendant, while drunk, committed an act, such as engaging in a key, etc. as stated in the facts charged.