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(영문) 대구고등법원 2017.06.22 2017노146
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal on the part of the case by the defendant is consistently stated by the investigative agency from the court below to the court below on the fact that the victim was forced to commit an indecent act by the defendant while the defendant was under the influence of her authority in the drinking place with the defendant who was aware of the university's ship.

In addition, in full view of the statements of the victim and the circumstances of drinking place, the victim was in a state of drinking, and the defendant and the victim did not have a close relationship to allow their physical contact. Since then of the case, the defendant acknowledged the fact that the victim was forced to commit an indecent act against the male-child relationship of the victim.

Nevertheless, the lower court rejected the credibility of the victim’s statement and rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby affecting the conclusion

Judgment

The summary of the facts charged in the instant case is as follows: (a) around September 6, 2015, the Defendant drinks alcoholic beverages with the victim C (n, 21 years of age) who was born at a university, and (b) around September 6, 2015; and (c) the victim under the influence of alcohol “I am engaged in burthing, diving.”

It is called "," and the number of Maurel located in Daegu Dong-gu D (hereinafter referred to as "the instant Maurel") was unknown, leading the victim to a guest room with no known number of Maurel.

The defendant had the victim be accommodated in the above guest room and went out of the victim's request. The victim opened a door after hearing the defendant's door and opened the door, and locked in the drinking room, and held the victim's mind to force the victim to commit an indecent act.

The Defendant, by hand, committed an indecent act on the part of the victim by releasing 2 to 3 the victim's chest, spreading the victim's chest, raising the victim, etc.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

The lower court’s judgment was duly adopted and investigated by the lower court.

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