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(영문) 의정부지방법원 2015.04.14 2014노2361
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim's statement that corresponds to the facts charged in this case is reliable, and the defendant's statement is not consistent, and the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that it is difficult to believe the victim's statement.

2. The summary of the facts charged is that the Defendant operated a malicious company sales store in the name of “E” on the 1st floor of Seoul Jung-gu Seoul, and the victim F (M, 28 years of age) was an employee from September 3, 2013 to October 14, 2013, operated by the Defendant from September 3, 2013 to October 14, 2013.

피고인은 2013. 9. 13. 17:00경 위 악세사리 판매점에서, 피해자가 그곳 팔찌 진열대 앞에 서서 팔찌를 진열하고 있을 때 피해자의 뒤편으로 다가가 손으로 피해자의 치마 끝자락을 붙잡아 약 한 뼘 가량 들어올렸다.

Accordingly, the defendant committed indecent acts against the victim.

3. The lower court rendered a judgment that acquitted the Defendant on the ground that it is difficult to believe the victim’s statement and there is no other evidence to acknowledge the facts charged of this case, since the content of the statement is gradually embodied in accordance with the victim’s statement and its time has passed.

4. Judgment of the court below

A. The only evidence that corresponds to the facts charged in the instant case is the victim’s statement. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is difficult to believe the victim’s statement as it is, and there is no other evidence to acknowledge the facts charged in the instant case.

1) A) The petition that the victim first submitted to the police is stated in the statement that “the defendant speaks that only one thing is the thickness of the defendant himself/herself, and tried to keep the bridge out in distress, and had sexual scams several times,” and the defendant scams of the victim around September 13, 2013, such as the instant facts charged.

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