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(영문) 광주지방법원 2017.09.27 2017노1524
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (misunderstanding of facts) and the background leading up to the instant complaint and the content of text messages sent and sent by the Defendant and the victim L (hereinafter “victim”) (hereinafter “victim”) to know by the evidence submitted by the Prosecutor, the victim’s statement is highly deemed to have high credibility.

In addition, according to the statements of the victim, the defendant can fully recognize the fact that the defendant committed an indecent act against the victim at least three times as stated in the facts charged in this case.

Nevertheless, the court below acquitted all of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case committed an indecent act by force against the victim at the victim and the Seo-gu apartment sales office in Gwangju-gu, Gwangju-gu, on three occasions as follows.

(1) On April 26, 2016, the Defendant committed a briefing session in the Seo-gu Standing District around 20:00 on April 26, 2016, the Defendant: (a) committed the crime; (b) in order for the Defendant to move the instant place to only drive the instant car in lieu of the Defendant’s car and have it located in the vehicle with the victim; (c) had the victim committed an indecent act by force against the victim; and (d) with the victim who driven the car, the Defendant was able to walk the ma of the victim who driven the car, and the buckbucks of the victim.

(2) On June 2016, the Defendant committed a crime in the middle of 2016, with the intent of having the victim, who was seated in front of the above sales office, reported the victim on his/her book and committed an indecent act by force. The Defendant saw the victim on his/her back to the victim and her seated the victim on his/her back, and her seated the victim on his/her hand, and her seated the victim’s buckbuck as his/her hand.

Therefore, even though the victim did not speak and expressed his intention of refusal, it refers to "if you only move," and continuously, as the victim's bucks bucks do, the victim's left spucks were sprinked, and the victim's left sprinked.

(3) On July 2016, the Defendant committed the first police officer on July 2016, 201, committed an indecent act by force by reporting the victim who was seated in front of a book at the said sales office, on July 2016.

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