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(영문) 서울중앙지방법원 2016.03.23 2015노4606
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any her butt before the victim.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1) At the investigative agency and the court of the court below, the victim tried to look back to the door stairs of the 3 exit from D, and later, the defendant, who was going to the right shoulder of the victim, coming to her her am, and her am in his knife and consistently.

(ii) was at the site with a victim;

F also, in the investigation agency and the court of the court below, the victim was seeed from two stairs above the victim in order to check out the scam from D 3 to stairs along with the victim. However, the defendant was scam and her am with his hand by going up the victim's left shoulder while going up.

immediately after being asked to the injured party;

하여 피고인을 뒤� 아 갔다’ 고 말하여 피해자의 말과 일치한다.

3) Since F is viewed in the direction of rhym with the victim who was under the right direction on two stairs above the victim, it seems that the Defendant was faced with the victim, but the Defendant’s grandchildren could have been her her her her her her her her her her her her her her her her her her

4) The Defendant asserts to the effect that the key difference between himself and the victim (165cc., the victim is 168cc., the victim is 172cc., the 172cc., when she combines the hos, etc. on the bend of hos) is impossible to move with the shoulder by her hand.

However, the defendant was going up with the stairs behind the victim, and the victim was almost at the same time her ambel with the victim.

consideration of the circumstances referred to therein;

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