(영문) 수원지방법원 2014.10.23 2014노2099 | 리걸엔진

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(영문) 수원지방법원 2014.10.23 2014노2099

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act against the victim as described in the facts charged.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the instant facts charged can be fully acknowledged, and the Defendant’s above assertion is without merit.

(1) The victim consistently states from the investigative agency to the court of the court below that he committed an indecent act against the victim as described in the facts charged. The victim’s credibility of the victim’s statement can be acknowledged when comprehensively considering the following: (a) four persons, including the defendant, the defendant’s relative G, the victim’s relativeF, etc., have been drinking together before the occurrence of the case; (b) the victim seems to have been aware of the face of the defendant; and (c) the victim’s motive or reason for gathering the defendant at risk of marbrity.

② The above four persons, including the Defendant, did not have any other person in the water surface room at the time he was diving, and the Defendant was fright next to the victim under the influence of alcohol. However, even though F and G witnessed that they were dissatisfied with the Defendant immediately after the victim committed an indecent act from the Defendant, both the said two persons were in the water surface room.

In light of the fact that a person who does not have made a statement that he/she considered the person, it is judged that there is no possibility that a person other than the defendant committed an indecent act against the victim.

③ immediately after the instant crime was committed, the Defendant: (a) prevented the victim from filing a report with the police; (b) immediately left the scene by using his own vehicle G with G; and (c) returned to the place where the crime was committed and carried with him; and (d) the Defendant seems to have escaped to avoid the investigation by the police.

(4) The defendant's assertion from the investigative agency to the court of first instance shall be the victim himself/herself.

유사 판례

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