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(영문) 서울동부지방법원 2020.12.17 2020노897

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances in light of the summary of the grounds for appeal, the lower court rendered a not-guilty verdict on the facts charged of this case erred by misapprehending the facts.

The victim stated that the defendant had his knee, knee in the victim's knee by cutting off the victim's kne, thereby making the victim's kne in the victim's knebbbbbbs, etc. to the court below.

Even if the Defendant carried out buckbucks in the direction of the victim's body instead of the victim's body direction, the Defendant's statement is not very natural attitude because the Defendant’s left hand in the direction of the victim's bridges can sufficiently spread up to the victim's side or for a long time, and the witness E does not memory the detailed situation in the court below, but is consistent with the victim’s statement, considering the fact that the Defendant made the victim's buckbucks by taking the victim's left hand into the victim’s bridge in the direction of the table, the Defendant's statement is credibility.

B. The Defendant-friendly job offer F stated in the original trial that the Defendant did not see the Defendant’s indecent act against the victim.

However, F is highly likely that the defendant could not see the face of the victim's bucks because he was seated on the table table of the defendant and the victim, and that the defendant could not see the victim's bucks by hand, and that he could not see the defendant's criminal scene by dividing the conversation with E and singing or singing.

C. At the time when the Defendant was holding the victim’s bridge, the Defendant seems to have been under the influence of alcohol.

However, considering the statement of the victim that the defendant was suffering from the knife after the knife of the defendant, it seems that the defendant was locked before the knife due to the knife.

2. The judgment below is consistent with the facts charged by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated.