beta
(영문) 창원지방법원 2016.06.30 2015노2550

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which judged otherwise and sentenced the defendant guilty, is erroneous in the misapprehension of the facts, although the defendant did not intentionally commit an indecent act against the victim.

2. According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

① The “written arrest of a flagrant offender” prepared by a police officer who was called to the scene on the day of the instant case was sent to the site by receiving a report on 112 that he/she was sexual indecent act, and the victim stated that “the victim was sexual indecent act from the Defendant, and the Defendant was reported by her attempted to flee,” and the Defendant was aware of an indecent act “nickly committed”.

“...............”

② During the investigation process to the court of the court below, the victim saw from the investigation to the court of the court below that “I am her her, etc. to the left arms.”

It is intentionally the same.

Specificly, the purport of “” is consistently stated.

③ At the time of the instant case, the Defendant stated that “I am the part? I am the part? I am the part I am the part I am the part I am the part I am, so the part I am the part I am the part I am the part I am the more.

“A consistent statement is made to the effect that it is “.”

(4) At the time of occurrence, the victim was at the scene.

H viewed, from the investigation process to the court of the court below, that “The victim was making a talk with the victim, but the victim took the victim’s own satisfy and her body.”

The defendant was the victim's body, and the defendant was about to flee, and reported to 112.

Specificly, the purport of “” is consistently stated.

In full view of the above circumstances, it can be sufficiently recognized that the defendant intentionally committed an indecent act against the victim.