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(영문) 대전지방법원 2019.07.17 2018노2307
강제추행
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The judgment of the court below which found the defendant guilty of quasi-indecent acts by compulsion based on the victim's statement without credibility, although the defendant did not have the victim's chest, and the victim did not have the state of failing to resist, is erroneous in the misapprehension of legal principles and erroneous in the misapprehension of legal principles.

2. Determination

A. Based on its stated reasoning, the lower court found the Defendant guilty of committing indecent act by compulsion by force, by recognizing that the Defendant committed an indecent act by force by force by taking advantage of the victim’s state of difficulty to resist, and found the Defendant not guilty of the part concerning indecent act by force.

B. 1) In full view of the evidence duly admitted and examined at the lower court’s trial, it is difficult to believe the victim’s statement and the evidence submitted by the prosecutor alone is insufficient to deem that the victim was in a state of failing to resist at the time of the instant case, and that the Defendant was proven without reasonable doubt. Ultimately, the Defendant’s assertion on the part of quasi-indecent act by compulsion that the lower court found the Defendant guilty is reasonable. The victim’s assertion on the part of quasi-indecent act by compulsion that was found guilty of the lower court’s crime of quasi-indecent act by force is reasonable. The victim’s statement is the victim’s e-mail on July 17, 201, 207, F (as well as the name and name, the entire five persons, including the Defendant, who was enrolled in the Bpent FY C, as well as the Defendant, who was enrolled in pent FY I from July 16, 2017 to F

local governments have become aware of it.

(b) On July 18, 2017, 00:0:00 on July 18, 2017, 10:00 and 20:00.

At around 04:00 to 04:30, the victim went to C with a key for himself.

The victim caused a kis or kis on the victim's side by entering the defendant's pro-gu G, who was playing while drinking alcohol as shown in subparagraph I after the victim C.

During that process, F is called F as C and the victim opened the door. At that time, G is the same as a person under the influence of alcohol.

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