beta
(영문) 수원지방법원 2015.07.07 2015노668

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal (fact-finding) is consistent in the important part concerning the situation at the time from the police to the court of the court below. In particular, considering the following facts: “I am in conformity with the statement that “I am in the workplace where I am seated with the Defendant’s hand and am in the hand floor.” “I am in the part where I am,” or “I am in the part where I am in the part where I am, even if I am playing, I am in the part where I am in the part where I am,” the statement that “I am in the part where I am in the part where I am in order to emphasize the Defendant’s intentional indecent act, I am in a somewhat exaggerated statement to emphasize the fact that I am in order to emphasize the Defendant’s indecent act.” Since I am in the part where I am in the body part of the woman’s sensitive, F am in his am in contact with the Defendant’s hand.

Nevertheless, the court below rejected the credibility of F’s statement and found the Defendant not guilty of the facts charged in this case and erred in mistake of facts.

2. In order to reverse the judgment of the court below that rejected the F’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should be considered as circumstances to the extent that the judgment of the court below is not acceptable, such as the circumstances already pointed out in the process of the trial of the court below and considered in the process of the judgment of the court below.

This is the following circumstances that can be recognized by the court below by integrating the evidence duly admitted and investigated by the court below, that is, the JJ at the present site "do not regard that the defendant committed an indecent act against the victim" in the prosecutor's office, and that the self-defense was under the influence of alcohol, but it was not f in its past.