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(영문) 서울동부지방법원 2017.11.30 2017노1171
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant committed an indecent act by force against E in large volume and sound near ear.

2. Summary of the facts charged

A. On July 2015, the Defendant found E (n, 34 years old) on the front road of Songpa-gu Seoul Metropolitan Government on July 0, 2015, and committed an indecent act by force against the entrance of G park located in Songpa-gu Seoul Metropolitan City F, by locating Ma (n, 34 years old) and having close to E’s ear and Man, Man, Man, and Man’s Han’s Han’s Han’s Han’ Ha

B. On January 2016, the Defendant discovered E in front of Songpa-gu Seoul Metropolitan Government D, around 07:20, on the first day of the early 2016, and committed an indecent act by force by followed even before the end of the end of the net border in Songpa-gu, Seoul.

(c)

On December 8, 2016, at the entrance of G Park in Songpa-gu Seoul, around 07:20 on December 8, 2016, the Defendant discovered E at the entrance of the G Park in Songpa-gu Seoul, and committed an indecent act by force following the entrance of the park.

3. The lower court rendered a judgment that acquitted the Defendant on the ground that there is no evidence to acknowledge that the Defendant committed an indecent act against E by exercising the force of force sufficient to make it difficult to resist.

4. A statement at E’s investigative agency and court of original instance as to whether the Defendant was able to wear close to, and sound to, E is admissible as evidence, but there is no statement in the record that the Defendant was tightly fluored or fluored by, the Defendant’s first written petition submitted by E to the police, stating that he was tightly fluored or fluored by the Defendant, and that E was fluored by the prosecutor’s office “(2) was unfluored at the time of July 2015, and it was not clear that the physical body of the Defendant was in contact with the proposal, etc.

The statement is made in the court below, and the statement is made in the court below on December 8, 2016, stating that “I have neared to the Defendant and did not sound.”

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