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(영문) 서울남부지방법원 2017.01.19 2015노1964
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of facts does not have a fact that he delivered the victim’s sound or chest, as stated in the facts charged.

The Defendant had been working for more than four years as a marina branch office, and had been working for the Marina branch office of this case for more than one year, and the fact that the problem, such as this case, has occurred only once.

In a situation where there is no door in which the injured party was mathed, and a hallway is narrow, etc., he can hear the sound of the room. In the case, the customer who was math in the room at the time of the case did not hear any sound.

was made.

In addition, one victim has finished the place of marina, and dysn't dyp the defendant's prepared.

In addition, it is necessary to do so.

“The person at issue was also the person at issue.”

If there is any damage, the victim immediately reported to the police station, but it was found together with the relative, and forced the defendant to recognize the facts, and demanded to refund the marina expenses.

In full view of these circumstances, the victim's statement of damage is difficult to be reliable in light of ordinary people's common sense.

Thus, the facts charged of this case are sufficiently proven without reasonable doubt.

Since it is insufficient to view the defendant guilty, the court below erred by misapprehending the fact that it rendered a judgment.

B. Even if the Defendant’s conviction is acknowledged, it would be expected to reduce the fine to the maximum extent possible by taking into account the circumstances of the Defendant’s difficulty, rather than having significant damage.

2. Determination

A. On February 9, 2013, around 15:30 on February 15, 2013, the Defendant: (a) left the part of the victim E (the age of 24) who was a customer by the Defendant’s wife located in Guro-gu Seoul building 214, the Defendant left the part of the instant facts charged; (b) left the part of the victim’s knickbbbbbbbbbbs, and left the part of the victim’s knick on his hand; and (c) left the part of the victim’s knick.

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