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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.07.12 2018노1722
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. On January 24, 2017, the Defendant: (a) committed an indecent act by force against the victim, following the victim F (V, 15 years of age) who is waiting to gather the victim’s left part, following the E Center entrance located in Suwon-si, Suwon-si; (b) on January 24, 2017, the Defendant: (c) committed an indecent act by force against the victim by taking the victim’s fingers over the victim’s fingers around the port of the victim.

2. The lower court determined that the statement of the victim, the sole evidence to acknowledge the facts charged, was reversed by the lower court’s statement to the effect that ① the victim made a statement in an investigative agency to the effect that “the Defendant reported Handphones when he waited for the severe body,” and that “the Defendant reported Handphones” in the court of the lower court, and that the above investigative agency’s statement was in bad faith with the victim, not by the victim, but by the victim’s intentional indecent act.

In spite of the contents that may serve as the basis for suspect, the victim reversed the important part of the statement, ② the statement in the investigative agency reversed when the victim appeared as the second witness at the court below, which the victim stated to the effect that it was erroneous that he/she passed by and made a statement to the effect that he/she followed the Defendant. However, such explanation is contrary to the objective facts (the fact that the damaged person was above the Defendant) known in accordance with the image and the description on the CCTV closure screen, ③ there is no consistency between the victim’s investigative agency and the court as to whether there was another man, other than the Defendant, around the scene at the time of the occurrence of the case, and ④ The victim did not make any statement as to the first part that he/she was suffering from the Defendant’s arms at the time of the occurrence, and ④ the victim did not make any statement on the part that he/she was suffering from the Defendant’s arms at the scene on March 21, 2017.

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