beta
(영문) 서울고등법원 2020.10.08 2020노1067

강제추행

Text

The defendant's appeal is dismissed.

Reasons

The judgment below

The summary of the judgment of the court below in light of the victim's statements, field CCTV images, witness DNA's statements, etc., the court below found the defendant guilty of the facts charged on the ground that the defendant's act constitutes an indecent act against the victim's will, on the following grounds: (a) determined that the defendant's act constitutes an indecent act against the victim's will; and (b) sentenced the defendant to a fine of five million won.

(1) The police and the original court consistently stated the main part of the facts of damage.

It is difficult to find out any unreasonable or contradictory part of the victim's statement in light of the empirical rule.

(2) It is difficult to accurately determine whether a defendant was physically injured by on-site CCTV images.

However, according to the above image, it is confirmed that the defendant moves to the victim's left part, and the defendant moves to the back of the victim and is considerably pushed back, and the victim returns to the defendant several times in the process.

The location and movement of the defendant and the victim appearing in the field CCTV video is consistent with the victim's statement that there was an indecent act between the defendant and the victim.

If the defendant only communicates with the victim as the defendant's assertion, the defendant seems to have no reason to follow the victim's side.

③ The victim got a swimming pool around the time following the instant new wall, and the Defendant filed a complaint on September 2, 2019, which was the following day.

The victim was given the name of the defendant who was sent to the victim's day, and specified the personal information of the defendant.

It is difficult to find out circumstances to specifically suspect the victim's complaints from a natural point of view.

(4) The distance between the victim and witness D is considerably far away, and the victim.