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(영문) 서울동부지방법원 2016.06.10 2015고단3439
준강제추행
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On March 21, 2015, the Defendant charged with the instant charges: (a) on a bus operated in Gangwon-gun (Seoul), and from a bus bus terminal to a Dong-gu Seoul Special Metropolitan City located in Gwangjin-gu (hereinafter “Sbuck, 20 years old”); and (b) on a bus’s side, the bucks that he gets involved in the instant charges came to use C’s bucks for other losses, etc.

Accordingly, the Defendant committed an indecent act by force against C in a state of mental and physical loss or resistance due to the surface of the water.

2. Determination

A. At the time of the defendant's assertion of defense counsel, the defendant's grandchildren did not know that the defendant's losses had been contacted with C's buckbucks, but there was no intention to conduct the prosecution.

B. As evidence that seems to correspond to the facts charged in the instant case, C’s statements in this legal and investigative agency and C’s mobile phone text messages are located.

In doing so, C was committed an indecent act against his relative by committing an indecent act immediately after the case.

Since it is nothing more than that, C's statement is the only evidence that corresponds to the facts charged.

그러므로 C의 진술의 신빙성에 관하여 보건대, ① C는 피고인이 자신을 처음 만지자 잠에서 깼고, 그 후에도 피고인이 계속하여 자신을 만지는 것을 느꼈음에도 불구하고 별다른 항의 등을 하지 않다가, 그 후 피고인이 C의 얼굴까지 함께 나오도록 셀프촬영( 이른바 ‘ 셀 카’) 을 하자 비로소 피고인에게 “ 뭐 하시는 거냐.

“Any person described in the preceding paragraph”

This is very exceptional to the act of the victim of ordinary indecent act, and ② in this court, C did not look at the defendant's leg even after the defendant was scambucked, or check the defendant's hand, without examining whether the defendant's scam is a state of the defendant's hand, and then saw the bucker's scam.

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