(영문) 수원지방법원 2017.10.26 2017노1065 | 리걸엔진

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(영문) 수원지방법원 2017.10.26 2017노1065

강제추행

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal by the defense counsel (misunderstanding of facts) is as follows: On May 28, 2016, the Defendant moved out from the five-story toilets of the D Building located in the Gu in Ansan-si on May 28, 2016, and was walking out from the hallways of the building.

There is no fact that E's her her her m, her her m, her m, was feld with E, and forced to commit an indecent act.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged on the grounds of the testimony of E without credibility.

2. Determination

A. On May 28, 2016, the Defendant: (a) discovered the victim E (the 26-year-old) who was walking in front of the five-story toilets in the D D Building in Ansan-si, with a short face-to-faced with the victim, during the period of Ansan-si around 03:00 on May 28, 2016; and (b) discovered the victim E (the 26-year-old age-) and attempted to commit an indecent act against the victim; and (c) had the victim’s her her her kick hand with the Defendant’s her kick hand.

Accordingly, the defendant committed an indecent act against the victim.

B. The lower court found the Defendant guilty on the instant facts charged by using the Defendant’s partial statement in the lower court, E’s legal statement in the lower court, E’s prosecutorial and police statements, E’s written statements, and CCTV video CD as evidence.

According to each of the above evidence, the court below stated that the victim E consistently with the investigative agency from the court below to the court below's trial that the defendant her right macks the defendant's right macks with his/her own macks about the light of the circumstances of the victim's resistance immediately after the victim suffered damages. The victim E macks his/her credibility in the statement in light of the following: (a) according to CCTV images in which the victim macks with the victim, it is difficult to find any reason to gather his/her right macks about the victim's right macks; and (b) according to the CCTV images in which the victim macks with the victim, the defendant macks his/her body towards the victim.

유사 판례

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