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(영문) 수원지방법원 2014.07.31 2014노592
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

【Judgment on Grounds for Appeal】

1. The gist of the grounds for appeal is that the Defendant committed an indecent act against the victim by taking dancing with the victim in a singing room as stated in the facts charged, leaving the victim's body toward the body of the Defendant, leaving the victim am her butt, leaving his/her seat back to the place of play, leaving the victim her seat back to the place of play, leaving the victim her be her and her seated to the view of the victim.

(In fact-finding). 2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged of the instant case was committed by the Defendant by committing an indecent act against the victim, such as: (a) by reporting the victim E (the 35 years old), who works as an accounting staff of the said company, in the instant case, at the mutual insing room located on the second floor of CD cafeteria building, after completing a meeting, and singing in the said place; and (b) by reporting the victim’s desire to see the victim’s body to see the victim; (c) pushing the victim into her body; and (d) pushing the victim with her her her her her her her her her her her her her her her seat; and (d) by taking the victim’s her her her her her her her her her seat and stopping the Defendant; and (e) by taking the her her her her her seat back

B. The lower court found the witness E’s legal statement and the police statement of E as evidence to be guilty of the facts charged in the instant case.

3. In a case where the statements made by witnesses, including the victim, are mutually consistent and consistent with the facts charged, the court of the trial at the trial at the court shall not dismiss them without permission, unless there exist any separate evidence that is objectively deemed to lack credibility (see, e.g., Supreme Court Decisions 2004Do362, Apr. 15, 2005; 2012Do2631, Jun. 28, 2012). Meanwhile, in a criminal trial, criminal facts should be based on strict evidence that has probative value to the extent that there is no reasonable doubt by a judge.

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