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(영문) 수원지방법원 2016.10.06 2016노2503
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s summary of the grounds for appeal, the victim E’s statement is consistent with the overall damage situations, the detailed date and frequency of indecent act are not memoryed accurately, but the situation at the time of indecent act is considerably specific, and the defendant also acknowledges that he/she has a fact that he/she has a bad part of his/her hole hole as his/her finger, and thus, he/she is credibility.

In full view of the following facts: (a) the Defendant’s act of making the Ebuckbucks of bucks or bucking the bucks by hand, as indicated in the facts charged, is objectively deemed to cause sexual humiliation or aversion to the general public in light of the motive of the indecent act and the form of the act; (b) it is sufficient to view it as an act contrary to the good sexual moral sense; (c) merely because E was working together between the Defendant and approximately two months between the Defendant and the Defendant, it cannot be deemed to be an unqualified death; and (d) E stated that he was unable to cause sexual humiliation due to the Defendant’s act and caused sexual humiliation at the investigative agency; and (e) it constitutes indecent act by compulsion; and

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict on the charges of indecent act by compulsion.

2. When considering the difference between the original court and the appellate court based on the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the statement made by the witness of the original court, in light of the contents of the original judgment and the evidence duly examined by the original court, there are extenuating circumstances to deem that the lower court clearly erred in its determination on the credibility of the statement made by the witness of the original court, or the result of additional evidence examination conducted by the time of closing argument

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