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(영문) 인천지방법원 2015.07.10 2015노1521
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant attempted not to go beyond the victim's right next to the victim's body because the defendant was under the influence of alcohol, and there was no intention of indecent act by compulsion against the victim.

2. Determination:

A. The lower court determined that according to the evidence of the lower court, the victim made a concrete and consistent statement concerning the circumstances in which the crime was committed, and there are no other circumstances to deem that the victim made a false statement, thereby sufficiently credibility in the victim’s legal statement and the police statement, and found the Defendant guilty of the facts charged in the instant case.

B. In addition to the reasoning of the judgment of the court below's conviction, even if CCTV screen images taken at the time of the instant crime, the Defendant cannot be deemed to have become aware of the victim because he was unable to hold his body under influence of alcohol, and rather, the Defendant appears to be a multi-level intentional act of inducing the victim and spreading the victim's side interest. Therefore, the Defendant's act of indecent act by force as stated in the facts charged and the intention of indecent act is sufficiently recognized.

Therefore, the judgment of the court below is justified, and the defendant's assertion of mistake is not accepted.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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