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(영문) 서울서부지방법원 2018.02.01 2017노1436
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant did not have knee and knee, and knee and knee are rhne, so the Defendant did not commit an indecent act against the victim.

However, the lower court found the Defendant guilty of facts charged by misunderstanding the facts.

2. 판단 원심이 적법하게 채택하여 조사한 증거들에 의하면, 피해자는 피고인이 운행하는 택시의 조수석 뒷자리에 타고 집으로 가는 도중에 잠이 들어 두 번 깼는데, 첫 번째는 피고인이 깨우는 소리가 들려 잠에서 깼고, 두 번째는 이 사건 범행인 자신의 왼쪽 무릎을 어루만지는 느낌이 들어 잠이 깼으며, 무릎을 툭툭 치는 것은 아니었고, 피고인이 깨우는 소리는 전혀 듣지 못하였다고

The fact that the Defendant made a statement can be acknowledged that the police made a statement that “the son who wants to shoulder, and the son would be able to contact with the son, but no intentional contact is made.” The details of the victim’s statement are specific and consistent, and it is difficult for the victim to find any motive to make a false statement (if the cab fee was higher than the ordinary level, the victim was absent from the Defendant on the ground that the cab fee was higher than the ordinary level).

In light of the above circumstances, the credibility of the victim’s statement can be acknowledged, and the Defendant was kneeked with the victim’s hand.

full recognition may be accepted.

On the other hand, indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, which infringes on the victim’s sexual freedom, and it does not require a subjective motive or purpose to stimulate, arouse, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (Supreme Court Decision 2013Do586 Decided September 26, 2013). It is common sense to view the victim’s knee.

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