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(영문) 대전지방법원 2021.01.20 2020노595
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant had no contact with the victims' chests, and even if they had contact, there was a contact.

Even if there was an intention to commit an indecent act, it was inevitable for the victims to have been engaged in his/her work within the narrow Kaf page.

Although it is difficult to see difficulties, the judgment of the court below which found the defendant guilty of all the facts charged of this case with the belief of the statement of the victim who is doubtfully reliable, is erroneous in the misapprehension of the judgment.

2. Judgment on the grounds for appeal

A. The judgment of the court below also acquitted the defendant of the same purport as the above grounds for appeal, and the court below rejected the defendant's assertion and convicted all of the charges of this case on the grounds that, in light of the following circumstances acknowledged by each evidence as stated in the judgment of the court below: (i) the victims consistently and specifically stated the situation before and after the victim's appraisal and response at the time of contact with each act of the defendant from the investigative agency to the court of the court below; and (ii) CCTV images also correspond to the victim's statement, each statement of the victims is credibility, and it can be recognized that the defendant committed an indecent act by force; and (iii) the intention of indecent act is sufficiently recognized in light of the stage of the prosecution and the circumstances.

B. 1) First, we examine whether the defendant has contacted the victims' chests with elbows, etc.

A) In a case where the victim’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable data to deem that the victim’s statement is objectively acceptable from an objective point of view, and other minor matters where the victim’s statement is consistent in major parts.

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