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(영문) 수원지방법원 2015.10.20 2015노866
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (the supplemental appellate brief of his counsel was submitted after the time the appellate brief was not timely filed) did not commit an indecent act against the victim D, E, or F, and even if physical contact was made with the above victims, it was merely a contact with the center when the bus No. 5100, the Defendant was on board (hereinafter “the bus of this case”), and thus, there was no intention to commit an indecent act.

In the video of CCTV installed inside the bus of this case (hereinafter “the video of this case”), the Defendant did not directly commit an indecent act against the victims. In the facts charged of this case, the specific time when the Defendant was on board the bus of this case or committed indecent act against the victims is different from the actual time.

Nevertheless, the court below erred by misapprehending the facts and affecting the conclusion of the judgment by finding guilty of the facts charged in this case on the sole basis of the statements of the victims without credibility.

B. A prosecutor (misunderstanding of facts with regard to the acquittal portion of the lower judgment) clearly stated at an investigative agency that the Defendant was unbucking in the buckbucks where the Defendant was her knick, and that his knicked with bus safety knicks became her knick, and even according to the video of this case, the Defendant’s approach to G to the lower part of the victim’s back.

또한, G의 원심 법정 진술에 의하면 피고인이 손등으로 G의 허벅지 바깥쪽을 툭 치고 안전봉을 잡고 있던 G의 손을 잡으려고 하여 G이 이를 피한 사실을 인정할 수 있는바, 위와 같은 행동도 추행에 해당한다.

Nevertheless, the lower court erred by misapprehending the facts, which found the Defendant not guilty of the indecent act by compulsion against G among the facts charged in the instant case.

2. Determination

A. Grounds for appeal for ex officio determination

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