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(영문) 서울중앙지방법원 2019.05.03 2018노1349
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal by the victim, the Defendant is found to have committed an indecent act by force by deceiving the victim's her son with his her son.

2. Summary of the facts charged and the judgment of the court below

A. On July 12, 2017, at around 12:30 on July 12, 2017, the Defendant entered the “C” 1st floor of the Seoul Central District Branch B in Jung-gu, Seoul, and moved to the table table, the Defendant Da Da (26 years old), an employee who was preparing for occupation-oriented death in the front of the main line, called “Korea was bad,” and the Defendant forced the victim to have his her her amt, and forced the victim to commit an indecent act.

B. The lower court found the Defendant not guilty on the ground that it is difficult to view that the Defendant had proved to the extent that there is no reasonable doubt as to the fact that the Defendant had been forced to commit an indecent act on the basis of the victim’s and E’s statements in each court below.

3. It is justifiable for the lower court to have determined that the lower court was not guilty, taking into account the following circumstances acknowledged as recorded in addition to the circumstances written in detail in the judgment No. 2. of this Court.

The prosecutor's assertion is without merit.

① At the time of the occurrence of the instant case, the victim consistently stated the fact that there was physical contact with the Defendant from the investigative agency to the original trial. This part also acknowledges the Defendant.

However, with regard to whether the defendant had the intention of committing an indecent act and some of the victims or faced with the victim during the course of narrow passage, the victim made a statement that he had the intention of committing an indecent act against the defendant in the investigative agency, but the court below reversed the statement that the victim may face with the defendant, although the victim made a statement that he had the intention of committing an indecent act against the defendant.

② In this case, the defendant and the victim's contact pass to port from the right side of the victim.

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