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(영문) 서울고등법원 2017.10.27 2017노2409
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the victim's statement and other circumstances, although the defendant was found to have committed an indecent act by force against a relative related person, the court below rejected the credibility of the victim's statement and found the defendant not guilty of the facts.

2. Determination:

A. The summary of the facts charged is that the Defendant is the spouse under the law of C, and the victim D (the age of 23 at that time) is the spouse under the law of E, a child of C, and the Defendant is the husband’s husband’s husband.

At around 00:30 on July 11, 2012, the Defendant: (a) while drinking and singing together with C, E, and the victim in Nowon-gu in Seoul Special Metropolitan City, went out of the studio in order for C and E to commit an indecent act against the victim; (b) he was moved from the victim’s left side to the victim’s left side; (c) he was put in the victim’s left hand from the victim’s left kel to the part; (d) he was put in the victim’s knel to use the victim’s knel; and (e) again, he used the victim’s knel to use the victim’s kne; and (e) returned from the victim’s knel to the victim’s knel; and (e) he did not hear from the victim’s knbbbs to the victim’s horse.

After that, the Defendant had the mind to force the victim to commit an indecent act on the part of the victim, and once again moved to the left side of the victim, and in the above way, the victim’s left side bucks and her tacks were broken off.

As a result, the Defendant committed an indecent act by force against a victim who is a relative of relatives (relative relatives within the first degree).

B. The lower court determined that the victim’s statement supporting the facts charged is difficult to believe as it is, and the prosecutor’s statement is difficult to view, taking full account of all the circumstances acknowledged by the relevant legal doctrine and the evidence duly adopted and investigated.

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