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(영문) 서울서부지방법원 2019.03.28 2018노1259
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, while under the influence of alcohol, did not make a net objection against the complainant who attempts to go beyond the balance and intentionally commit an indecent act against the complainant.

Nevertheless, the judgment of the court below that recognized the defendant as an indecent act by compulsion of the victim is erroneous by misunderstanding facts and affecting the judgment.

2. Review of the records of this case reveals the following facts. A.

The Defendant stated at an investigative agency that “I am tobacco at night and 11 o’clock towards women, and pushed the side of women’s portion, etc. with the left shoulder. I am flick as flick, and re-enters the tobacco Defendant. In her home, I need not have contact. In her home, I need to see misunderstanding that I do not have any absolute contact. I am flickly. I am flickly, I am flick with the left shoulder and cause flick, so I am flick. The process coming from drinking. I am flick at home, and flick when I am flick, I am flick.”

B. In the court of the court below, the Defendant acknowledged the facts charged in this case that “the Defendant committed an indecent act against the victim by force, as the victim’s fluority was fluored by hand,” and stated in the court of the court below that “the Defendant was the victim’s fluort that it did not want to keep a balance in the job at home and going beyond the balance.”

C. Meanwhile, the victim stated in the written statement that “I am on February 20, 2018, 00:30, a man who was seated on the two pages of the occurrence of the instant case, but later, I am sleeped that I would have been able to see that I would see that I would see that I would like to go back, and that I would like to see that I would see that I would come back to go back, and that I would come to come up with my hands.” ② After the occurrence of the instant case, I see that I would like to see that I think I think that I think that I think that I think that I think that I were in front of the instant case,” and that I would like to see that I would like to see that I would like to face.

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