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(영문) 대구지방법원 2015.11.26 2015노415

강제추행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Although the summary of the grounds for appeal (the fact-finding) did not commit an indecent act against the victim, the lower court found the Defendant guilty of the facts charged in this case by misunderstanding the facts.

2. The summary of the facts charged of the instant case was, around 00:30 on June 22, 2014, the Defendant: (a) was on the road in front of the police box located in the elderly group of North Korea, and was driven by the victim F (the 44-year old age), a proxy driver, on the Grosp car owned by the Defendant, and was under the Defendant’s operation factory located in the Daegu-gu H, the Defendant used at the Defendant’s factory for the Defendant’s operation in the Grosp car owned by the Defendant, which was located in the Grosp car owned by the Defendant; (b) the Defendant was fluencing the victim for the indecent act by force; and (c) the Defendant was fluencing the victim and 100,000 won at the drobe, drobe, play, and drinking house.

Accordingly, the Defendant committed an indecent act on the part of the victim.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the presented evidence.

B. 1) The defendant and his/her defense counsel are merely facing the victim's shoulder in the process of putting the defendant on a place where he/she is placed in a place where he/she is a chief chair, etc. However, the victim's statement is credibility of the victim's shoulder because the defendant made a specific and detailed statement from the investigative agency to the court below about the method of committing an indecent act against the victim, the situation before and after the indecent act, and there is no uncertainty or contradiction in the statement itself. Therefore, the defendant's shoulder over three times as stated in the facts charged is sufficiently recognized. However, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and it constitutes such act. The victim's intent, gender, age, the relationship between the offender and the victim prior to such act, and its relation.