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(영문) 대구지방법원 2016.07.08 2015노3958

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute an indecent act against the victim as stated in the facts charged of this case.

2. The judgment of the court below is based on the evidence duly adopted and investigated by the court below, i.e., ① the victim made a consistent statement in compliance with the facts charged in this case from the investigative agency to the court of the court below, i.e., the date and place of the prosecution, the behavior of the defendant before and after the prosecution, the method of the prosecution, and the circumstances leading up to the report to the investigative agency, etc., relatively reliable, and there is no special motive or reason to suspect that the victim made a false statement, but the defendant argued to the effect that the victim filed a false complaint in order for the victim to receive the agreement. However, the contents of the recording submitted by the defendant in the court below are difficult to see as such, and the conversation between the victim and the defendant is merely a natural response attitude of the victim of general sexual assault.

② On the other hand, in full view of the fact that the Defendant reversed the existing statements at an investigative agency several times (the 32 pages, 106 pages, 124 pages, and 124 of the evidence record), and the Defendant sent letters demanding the victim to obtain an agreement on the borrowing of a letter (the 122 pages of the evidence record), the Defendant may sufficiently recognize the fact that the Defendant committed an indecent act against the victim as described in the facts charged in the instant case.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts as pointed out by the defendant

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