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(영문) 인천지방법원 2016.06.15 2016노765
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act twice as he saw that the victim’s left her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Nevertheless, the lower court erred by misapprehending the legal principles as to guilty.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., ① the victim was at the investigative agency and the lower court’s court to the right side of the victim’s bridge to be the opposite direction to the victim’s bridge and to avoid physical contact.

“The injured party, while moving to the right side, used the remaining seat space of the seat,” and the Defendant committed as if her son, etc. with his left son, etc. left.

“Along with the location and attitude of the Defendant and the victim, the developments leading up to the prosecution, and the developments leading up to the conviction of an intentional indecent act, other than the number of times, etc., the Defendant and the victim made a concrete and consistent statement, and ② even H message (No. 37 pages of the evidence record) sent by the victim to the husband at the time of the instant case, the Defendant stated that “Abridge was set back, which would have continued to be set aside, is placed on the side of the victim’s statement,” and it is sufficient to find the Defendant guilty of the instant facts charged, taking into account the following: (a) the victim’s statement and statement are consistent with the victim’s statement.

Therefore, the judgment of the court below is justified, and the defendant's assertion is without merit.

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

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