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(영문) 서울서부지방법원 2020.06.15 2019노1511
강제추행
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any indecent act by deceiving the victim’s buckbucks while driving a taxi.

(M) Even if a person is found guilty of domestic affairs, the penalty (including a fine of KRW 10 million) imposed by the court below is too unreasonable.

(F) 2.2

The above-mentioned sentence sentenced by the court below by the public prosecutor is too uneasible and unfair.

2. Determination

A. The summary of the facts charged in the instant case and the summary of the judgment of the lower court in the instant case are as follows: “The Defendant, on February 18, 2019, committed an indecent act by force against the victim by putting the victim D (one’s name, two years of age, and two years of age) on the taxi (B, and C) for business use of Defendant driving on the new wall around February 18, 2019.

The court below found the defendant guilty on the basis of evidence of the judgment below, such as the victim's legal statement, police statement of the victim, victim's statement, each investigation report (the closure and image attachment of the taxi box image, the closure analysis of the black box image, and the confirmation report of the video recording of the taxi inside the taxi).

B. 1) The court below held that evidence consistent with the facts charged in this case is admissible, and there are reports on E’s police statements, telephone communications details, and telephone call details, except the statements made by the police and the court below at the court below. However, it is insufficient to view E’s police statements and telephone call details as evidence to have an independent probative value to recognize the facts charged in this case. Furthermore, each investigation report on the video of the video of the video of the video of the video of the video of the video of the video of the video of the video of the video of the 20190-218 Do015309 Do264 video of the video of the cambox (hereinafter “015309 cambox video”).

Of them, “2019-02-18:56:37” to “2019-02-18:57” to “201:57:6.

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