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(영문) 부산지방법원 2013.03.29 2012노3649

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal lies in the fact that the Defendant assaulted F with F, but did not commit an indecent act against the victim, and the judgment of the court below which found the Defendant guilty of the indecent act by force among the facts charged in this case is erroneous of law.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim made a statement from the investigative agency to the court of the court below that he was guilty of an indecent act by the defendant, such as the entry in the facts charged in this case consistently from the investigation agency to the court of the court below, ② the victim and the victim in the scamba stated that the defendant had been present at the victim's scam at the victim's scam, which correspond to the victim's statement, and ③ there is no special circumstance to suspect the credibility of the victim's statement in the records of this case. Thus, the facts that the defendant committed an indecent act against the victim can be sufficiently recognized, and there is no error of mistake of facts in the judgment below convicting

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition