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(영문) 인천지방법원 2017.09.08 2017노1407
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant reported the victim who was flickly working, and his mother tried to do so, and there is no fact that the Defendant engaged in such activities as stated in the facts constituting the offense in the judgment below.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court and the trial court, ① the victim has credibility in the victim’s statement that he/she had committed an indecent act, such as the Defendant’s statement in the lower court’s criminal facts, and thus, may be found guilty of the instant criminal facts. In so doing, the victim has credibility in the victim’s statement that he/she had committed an indecent act, such as the Defendant’s statement in the lower court’s criminal facts, and there is no special reason to undermine the Defendant’s mother.

Therefore, we cannot accept the Defendant’s assertion of mistake of facts or misapprehension of legal principles.

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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