(영문) 인천지방법원 2012.06.15 2012노7 | 리걸엔진

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(영문) 인천지방법원 2012.06.15 2012노7

강제추행

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The judgment of the court below is reversed.

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Although the summary of the grounds for appeal did not constitute an indecent act by compulsion of the victim, the court below convicted the victim of the facts charged in this case by taking advantage of the contradictory statement of the victim. The court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. Determination on whether a indecent act by compulsion was committed

A. On July 27, 2011, at around 00:30, the Defendant: (a) requested a female substitute driver to engage in a female substitute driver’s service in the name of the shot-dong, Incheon Bupyeong-gu, Busan from July 27, 201; (b) the victim C, who is a substitute driver, driven a DNA car engine owned by the Defendant; and (c) the Defendant was boarding the knife.

At around 01:00 on the same day, the Defendant committed an indecent act on the part of the victim by putting the victim's knife, "a sexual intercourse", expectation of body on the victim's chest, by inserting the victim's knife knife, knife, and knife the victim's knife, in the vicinity of Kimpo-dong and Kimpo-si's reclaimed land.

B. Determination 1) As to this, the lower court convicted the Defendant by taking account of the victim’s statement, etc., but the Defendant consistently from the investigation agency to the trial court, and consistently denied the facts charged of this case on the part of the victim, stating that there was no fact of indecent act by compulsion, although there was no fact that the Defendant committed a indecent act by compulsion. 2) The Defendant’s statement on the part of indecent act by compulsion was made by the victim’s investigative agency, the lower court, and the trial court, as evidence corresponding thereto, and the victim’s statement on the part of indecent act by compulsion was consistent and consistent that the victim’s statement on the part of indecent act by compulsion was made by the victim on behalf of the Defendant, and the victim’s statement on the part of indecent act by compulsion was that the victim’s head was expected to have the victim’s chest on the part of the victim’s chest, and the victim’s opinion

However, it is based on the evidence duly adopted and examined by the court below and the trial court.

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