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(영문) 대구지방법원 2015.04.16 2014노2638
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the victim is unable to make a clear statement on the date among the facts charged in the instant case, but consistently states the facts of indecent act, such as the instant facts charged, from the investigative agency to the court, the victim’s act of indecent act may be acknowledged in light of the following: (a) the victim’s remaining living together and his/her mother after the indecent act has been committed; and (b)

Nevertheless, the court below rendered a judgment of not guilty of the facts charged in this case, and there is an error of mistake of facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is around 14:00 on November 5, 2013, the Defendant: (a) committed an indecent act by force against the victim F, who works in the Eice forest store located in Nam-gu, Nam-gu, Sinpo-gu, in the part of the victim, as a part of the victim F, who takes charge of the victim’s timber and shoulder; (b) put the victim’s hand in the part of the victim’s clothes; (c) continuously takes place the damaged part; and (d) continuously commits an indecent act by force against the victim by putting the victim’s hurf with the victim’s hurf and hurf with the victim’s hurf, and hurf with the victim’s hurf with the victim’s shoulder, and expected the body.

B. The lower court’s determination: (a) the victim reversed the previous statement made by the prosecutor on November 4, 2013 as of the date of indecent act committed by the Defendant by the Defendant; (b) the victim stated in this court that he/she was “day” although he/she was unable to clearly memory the victim who was indecent act by the Defendant; (c) November 4, 2013; (d) the date on which the victim’s end falls on November 4, 2013; (b) the indecent act day specified in the written agreement (Evidence No. 1); and (c) it is difficult to recognize the facts of indecent act on November 5, 2013, in light of the fact that CCTV videos submitted by the prosecutor as evidence were recorded on November 4, 2013; and (e) it is difficult to further recognize the fact of indecent act on November 4, 2013; and (e) the competent person wears the victim’s timber and shoulder the victim’s trees on November 4, 2013.

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