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(영문) 대전지방법원 2016.11.23 2016노1706
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that it is not a distance from which the defendant was seated by the victim or the victim's relative F of the victim's relative F, who was aboard the victim, in light of the seat arrangement of the express bus that the defendant was seated by the defendant and the victim. At the time, the defendant's female-friendly group was knee and knee of the defendant and the defendant did not have the defendant. Even if following the F's statement, the defendant was knee and knee of the defendant, even if following the F's statement, the defendant's knee and knee were identical, the defendant had a seat before and after the indecent act of the victim. The defendant was seated between the defendant and the victim, and the victim stated from the bus engineer that the victim was aware that the defendant was under the influence of alcohol and that the defendant was not a woman-friendly group in currency with the bus engineer, the victim's statement is not reliable.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. The lower court also asserted the same purport as the allegation of mistake of facts, and the lower court determined that the victim’s statement was credibility in light of the following: (a) the victim directly examined the victim, and the victim made a concrete and consistent statement from the investigative agency to the court about the process, before, and after having committed an indecent act; and (b) the victim sent text messages requesting the passengers on board immediately after having been committed an indecent act and let the bus article report to the police, and found the victim guilty of the facts charged in the instant case by taking account of other evidence.

B. According to the evidence duly admitted and examined by the court below, the defendant is the defendant in light of the following circumstances, namely, the photographic photo taken from an express bus identical to the express bus on which the defendant and the victim boarded (in light of the submission of suspect photographs and evidence record 120-124.

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