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(영문) 부산지방법원 2016.12.02 2016노3781
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The lower court convicted the Defendant of all the charges of this case in spite of the absence of the fact that the Defendant committed indecent act by compulsion of the victim and the fact that he instigated the perjury to B during the judgment of the lower court.

Judgment

According to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below on this part is just and acceptable, and there is no error in the misapprehension of facts as alleged in the grounds of appeal by the defendant, which affected the conclusion of the judgment.

In light of the following facts: (a) the victim’s statement of indecent act by compulsion in the investigative agency and the court of the court below that “I am under the influence of alcohol with a person living in the workplace; (b) I am under the influence of alcohol with the victim; and (c) I am under the influence of alcohol, I am sufficiently reliable the victim’s statement to the effect that “I am under the influence of alcohol with a person living in the workplace; and (d) I am under the influence of alcohol with a face equal to one eye (the evidence record No. 60 pages, No. 2016Gadan752, No. 752).” (The evidence record No. 201752, Dec. 752, 201).

The witness B of the court below stated in the investigative agency and the court of the court below that there was a fact that the defendant had observed an indecent act against the victim as stated in the facts charged of this case

(Public trial records No. 96-97 and No. 2016-Ma752, the evidence records No. 15). Co-defendant B of the court below asked the defendant to "do not see" from the defendant in the investigative agency and the Busan District Court's waiting room at the Busan District Court's investigation agency and the court below's court's court. Although the defendant did not answer in the playground, the defendant testified that "I would do so" in the waiting room for prisoners of the Busan District Court. (Public trial records No. 138-139, 141, 2016DaMa26777, the evidence records No. 72,80).

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