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(영문) 광주고등법원 (전주) 2018.02.06 2017노222
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by Defendant 1 and the person who requested an attachment order (hereinafter “Defendant”) to be found guilty of the facts charged on the ground of the victim’s statement without credibility on the following grounds: (a) the victim’s shoulder at the time of the instant case goes beyond the center of the victim’s shoulder; and (b) the Defendant’s right-hand bucks only with the victim’s left side buck; and (c) the Defendant did not commit any indecent act by force, such as the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

① In light of the fact that: (a) the prosecutor made a statement to “I was able to see if the victim was in danger of her appearance at the scene of the crime” (Evidence No. 189 of the evidence record); (b) when explaining the ground condition of the place of the crime, the Defendant stated “I am sloped,” “I am son,” and “I am son,” as to the method of indecent act by the victim’s scam, or “I scam,” or “I scam as I scam,” the Defendant stated “I scam” in question whether I am scam in the victim’s scam, or whether I am scam in the victim’s scam. (Evidence No. 199 of the evidence record).

② The police stated that “the victim kis on the left her her kicks, her kicks,” but in the prosecution, the victim stated that “the part subjected to forced indecent act is the right kicks” (Article 185 of the evidence record). At the time of the instant case, the victim was 13 years of age, who was forced to commit an indecent act, even though she was able to sufficiently distinguish whether the part subjected to forced indecent act is the her left kicks or the right kicks. However, the victim was forced to commit an indecent act.

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