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(영문) 서울북부지방법원 2017.11.02 2017노1065

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have committed an indecent act against the victim, but the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the court below's judgment, it can be sufficiently recognized that the defendant committed an indecent act by force due to the method of checking the victim's own identity, etc. as stated in the facts constituting the crime in the court below's judgment, since there is no error of law by mistake of facts as alleged by the defendant in the judgment of the court below, the above assertion by the defendant is without merit.

The victim made a very detailed statement about the situation from the defendant to the point of view, the situation from the defendant to the point of view, the words or actions that the defendant had committed an indecent act from the defendant to the point of view, and the changes in appraisal after the defendant committed an indecent act. The victim made a detailed statement to the extent that the statement is consistent and does not directly experience, and thus, it is highly reliable.

The victim's mother was working in the restaurant operated by the defendant for about one year and five months prior to the instant case, and the victim was working in another restaurant operated by the defendant for about one month prior to the introduction of the mother's mother, and the victim's family member was living in the restaurant operated by the defendant (see the investigation record 10 pages), and considering the circumstances of the victim's family members, it does not seem that the victim's intent to gather the defendant with the intent to receive a mutual agreement from the defendant while at the risk of his/her own and mother's loss.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.