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(영문) 서울북부지방법원 2016.12.22 2016노1290
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal did not constitute an indecent act against the victim as stated in the facts charged at the time of the instant case. However, in order to mislead the victim, there was only a fact of fluoring the victim’s left side blusing in one to two times, and this does not constitute an indecent act, and the Defendant did not have an intention to commit an indecent act.

Nevertheless, the lower court found the Defendant guilty of the instant charges based on the statements made by the victim with no credibility or H. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant was found to have committed an indecent act against the victim as stated in the facts charged at the time of the case, and the statement of the witness K, J and U at the court below shall not interfere with the recognition of the above facts charged.

In the statement and the police investigation, the victim scam scam in the cafeteria room at the time, but the Defendant, the customer, was scamed about 4 to 5 times in the left side with the right arms and elbow.

The author stated that the Defendant “if the customer son or her her son needs to write off the part, her son,” according to the education manual, the Defendant, without seeing the her misunderstanding, committed an indecent act by 4 to 5 times with his her left her her her face with his her her her her face with his her own right her her face with his her her her face with his her her her face.”

In the first time, repeated behavior, even though he refused to feel a sense of sexual humiliation, was thought to commit an indecent act, and studio was no longer possible to see.

Now, after the first indecent act was committed, H, who was an employee of the vessel iced in the next table, has heard the sound referred to as 'Madern’, her amb,’ and returned to the next table.

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