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(영문) 수원지방법원 2015.05.21 2014노5811

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendant (a factual error) is that the Defendant is protruding the hands that would not be seen well before, due to the power failure, and is protruding out in the future, and the Defendant’s fingers over the victim’s chest, and does not intentionally commit an indecent act by deceiving the victim’s chest.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the facts charged.

2. The Defendant alleged that the lower court did not intentionally commit an indecent act against the victim, and the lower court acknowledged the credibility of the victim’s statement and rejected the Defendant’s allegation on the grounds as stated in its reasoning.

The contents of the victim's statement are consistent and concrete from an investigative agency to the court below's judgment, and the defendant immediately left the latter part after the crime of this case. After considering the victim's husband's indecent act from the victim, the victim's husband took part in the indecent act against the victim, and returned to the restaurant that the victim left the restaurant, and the defendant is recognized to have credibility in light of the fact that the victim's her her her her her her her her her her her her her her her her her her her her

Therefore, the lower court’s judgment that found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly admitted and examined by the victim, such as the victim’s statement in the lower court, did not err as alleged

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.