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(영문) 광주지방법원 2016.01.20 2015노1883
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant is faced with shoulder while crossing with the victim in narrow India, but there is no intentional fact that the victim's right-hand her tumm is her, and thus, the judgment of the court below which found the defendant guilty of the facts is erroneous.

2. The lower court also asserted that the Defendant is identical to the assertion of mistake in the above facts, and the lower court fully credibility exists considering the following: (a) the victim’s statement of damage to the victim is consistent with the victim’s content from the investigation agency to the court; and (b) the victim’s statement appears to lack sufficient grounds

In conclusion, the defendant was found guilty.

In addition to the following circumstances that can be acknowledged by evidence duly adopted and examined by the court below in light of the aforementioned circumstances, namely, the fact that the defendant's genes was not found in the external dose of the victim and that the department of the law of the Gwangju Institute of Scientific Investigation of the Research and Investigative Institute stated to the effect that the defendant's genes was not found in most cases where the defendant's genes was not found in his hand (5 pages of the evidence record) like this case, the court below's aforementioned determination is justifiable, and therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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