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(영문) 전주지방법원 2014.02.07 2013노1292

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in mistake of facts in the court below which found the defendant guilty of this part of the facts charged on the basis of the statement with respect to the victim with no credibility or H and F, although the defendant did not have committed an indecent act by force.

2. The following circumstances acknowledged by the evidence duly admitted and examined by the court below in determining the grounds for appeal, namely, ① the victim made a statement in a specific and consistent manner from the investigative agency to the court below, as stated in the facts charged. Even if the victim and H or F made a somewhat inconsistent statement with the time or place where the victim notified the victim of the damage, the victim’s statement cannot be denied the credibility of the victim’s statement on the ground that the victim’s statement cannot be denied, and ② at the time, the defendant committed indecent act as stated in the facts charged in the instant case, on the ground that it can be acknowledged that the defendant committed indecent act by force, as alleged in the instant facts charged, the court below convicted the victim of the facts charged in the instant case, and there is no error of law of mistake as alleged by the defendant.

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