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(영문) 광주지방법원 2021.02.10 2020노216
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not commit an indecent act against the victim who was under the influence of alcohol only with the victim's implied consent and was under the influence of alcohol.

2. Determination

A. In full view of the following circumstances, the lower court determined that it can be recognized that the Defendant committed an indecent act against the victim who was locked.

Based on the judgment, the defendant was convicted.

1) The victim consistently shouldered from the investigative agency to the court of the court of the court below to the defendant's trial, which led the plaintiff to run away from his body and immediately after being pushed.

was stated.

2) The Defendant had been faced with the victim’s entrance, and attempted to have the kis by the victim, but thereafter, the victim respondeded to the Defendant’s kis by the Defendant, which led to the victim’s body, and the victim got out of the kis, such as the victim’s kis, and the victim’s kis, “the defect” before leaving the kis.

The argument is asserted.

However, if the victim got out of the guest room while going out of the guest room, the victim was broken, and the victim was able to see the defendant's "man's defect", the victim seems to have been able to go out of the guest room. ② Rather, the victim's statement is consistent with the victim's statement that she was unsatisfying the victim's body and pushed out from the guest room. ③ The victim was in possession of the portable phone at the guest room, but the victim did not make a statement that the victim went out of his/her own seat while making a very detailed statement about the situation at the time, and the victim was placed in his/her own phone, and how he/she was placed in the phone at the time of carrying the phone.

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