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(영문) 서울중앙지방법원 2016.10.28 2016노3087

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The defendant has not committed an indecent act against the victim E (hereinafter referred to as “victim”) like the facts charged.

2. Comprehensively taking account of the evidence examined by the lower court, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1) At the investigative agency and the court of the court below, the victim: (a) stated that “the victim was divingd at a spane or a rest room; (b) was spanely panty, and the defendant was frightly sexually panty; and (c) made a concrete and consistent statement as to the background and method of the indecent act. immediately after the instant case, the victim committed an indecent act after realizing the Defendant, and reported the indecent act to 112; and (d) observed the Defendant at the entrance to prevent the escape of the Defendant. The Defendant submitted the clothes that the Defendant was suffering from the Defendant’s escape to the police assigned to the scene to obtain evidence proving the fact of the damage to the spanty. There are no circumstances to deem that the victim was a false statement or an exaggeration of the damage. The victim’s horses can be believed. (b) The Defendant immediately after the instant case, without being able to have the front door door door opened by means of the spane or emergency exit, was also exposed to the Defendant.

(In the absence of an indecent act against the victim as alleged by the Defendant, it is necessary to pay for the time to the police in order to be exempted from the name of the victim, but did not do so. If it was intended to avoid the victim’s assault, the police would have been able to take care of the victim’s situation by the time the police took place, and the Defendant was deprived of her sacriff, and the Defendant was immediately out of the sacriff.). 3 The Defendant asserts that it was impossible for the Defendant to commit indecent act because the structure of the sacr or the sa

However, at the time of the instant case, customers were low time, and they were in the water surface room.