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(영문) 서울서부지방법원 2018.01.25 2017노1247
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the Defendant was guilty of the Defendant, even though he was kneee in order to shoulder the victim's knee and was not forced to commit an indecent act, the lower court erred by misapprehending the facts.

2. The victim F is required by the investigative agency to be determined as follows: “I cannot know at any time, but you need to 3 to 4 times the snow after sunrise. The damaged floor was entirely sealed on the upper part of the buckbucks and spucked by hand.

’라고 진술하였고 원심 법정에서도 ‘ 다리가 따뜻한 느낌이 들어서 잠에서 깼는데 피고인이 몸을 틀어서 저의 왼쪽 무릎 위 허벅지를 만지고 있었습니다

’, ‘ 무릎에서 약 한 뼘 정도 윗부분을 손바닥 전체로 만졌습니다.

According to the statements made by the victim, the defendant did not know the victim at all, and in light of the consistency and probability of the contents of the statement, the nature of the victim's behavior and the defendant's motive to make a false statement unfavorable to the defendant, etc., the credibility of the victim's statement can be acknowledged, and the remaining evidence duly adopted and examined by the court below can be sufficiently recognized, and the defendant's above assertion is not accepted.

3. In conclusion, the defendant's appeal of this case is dismissed. It is so decided as per Disposition.

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