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(영문) 서울북부지방법원 2020.07.23 2020노381
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the investigation of the victim and the statements in the court of the court below at the court below are consistent with the main part that "the defendant visited the victim's house to receive the payment related to the rooftop leakage construction work, and the victim's chest was delivered." The E's statement that the victim appeared to the above purport is credibility.

Nevertheless, the judgment of the court below which acquitted each of the above statements of this case on the facts charged is erroneous in misconception of facts.

2. Determination

A. In light of the circumstances in its holding, the lower court determined that there was no credibility in the statements made by the victim and E, and the remaining evidence alone was insufficient to prove the facts charged.

B. In light of the following circumstances, the victim’s statement is not consistent and cannot be ruled out to be unreasonable and false in light of the empirical rule, and the other evidence alone lacks to find the guilty of the facts charged. As such, the conclusion of the lower court is justifiable, and the prosecutor’s allegation of mistake is without merit.

1) The victim’s statement concerning the method of indecent act, which is the main part of the crime of indecent act by compulsion, is inconsistent. The victim’s statement made on September 18, 2018 is inconsistent. The victim’s statement made on October 1, 2018, “The defendant detained the victim’s resistance, putting his hand in the clothes after suppressing the victim’s resistance, putting his hand in the clothes, and boomed him in the breast and boom.” The police’s statement made on October 1, 2018, “I am in the face of boom and brus in the clothes if I am in the two arms.” The defendant submitted a re-written statement made on January 7, 2019 (Evidence of evidence records 49, after the prosecutor’s statement made on January 7, 2019, after putting his breast in two fingers and sons, she opened both sidess on February 21, 2019.”

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