(영문) 서울중앙지방법원 2017.01.13 2016노2274

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(영문) 서울중앙지방법원 2017.01.13 2016노2274

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of committing an indecent act against the victim.

B. The punishment of the lower court is heavy.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence examined by the lower court’s assertion of misunderstanding of facts.

The facts that the defendant commits an indecent act against the victim may be recognized based on such facts.

1) At the investigative agency, the lower court’s court, together with “A, E, H, and I (G male-child group on the day of the instant case)”, the victim was going to the C Station of the subway No. 2 in order to go to the house.

The lower and E sees the front, and the rest of all the others sees far far away from the rear side, but the Defendant, who was married in the opposite part, her right side, was only coming to the right side, and the right chest was very fast on one stop.

At the same time, after he had been in the Republic of Korea, he had been in the Republic of Korea since he had been in the Republic of Korea.

I told I that he was the defendant.

The victim's speech on the circumstances can be believed in a specific and consistent manner as to the background of the indecent act and immediately after it.

2) The victim immediately after being able to commit an indecent act, she followed and resisted to the Defendant, and the Defendant saw about 50 meters as it is, and attached to I, the victim her driver who followed the indecent act.

The Defendant denied the crime when the victim and his behaviors demand an apology on the sexual indecent act, and instead reported the crime to 112 as he was unilaterally abused, and the victim also reported the damage of this case at the site.

The defendant was arrested as the current criminal of forced indecent act at the scene of the crime by the police officer who was dispatched after receiving the report.

3) The Defendant was faced with the victim who faced with opposite to each other and shoulder, and the victim was scambling as they are. The victim was scambling himself and was killed in sexual indecent conduct.

The argument is asserted.

(b) however,

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