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(영문) 서울동부지방법원 2020.10.30 2020노494
강제추행
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In full view of the evidence presented by the prosecutor in the grounds of appeal, the judgment of the court below which acquitted the defendant A of the facts charged of this case, even though the defendant A's indecent act by compulsion of the victim and the defendant B's insult of the victim as stated in the facts charged of this case.

2. Determination

A. The summary of the facts charged in the instant case (1) around 23:00 on June 21, 2019, Defendant A discovered the victim E (the victim E, who was a singing customer (the 35 years old), who was a singing practice room located in the first floor of Gangdong-gu Seoul Metropolitan Government, and turned on the victim’s right chest with the victim’s own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

(2) At the date, time, and place described in the above paragraph (1) above, the Defendant expressed that “The Defendant expressed that, as seen above, the Defendant was able to take the chest of his own victim A and three women of the same kind who are fluent of the victim A and fluent of the victim, the Defendant 2 expressed that “The Defendant was fluent of the same fluent female of the same fluent fluent, fluent, fluent, and the same year.”

Accordingly, the defendant openly insultingd the victim.

B. (1) The lower court found Defendant A not guilty of the facts charged against Defendant A on the ground that it is difficult to readily conclude that Defendant A committed the instant indecent act by force on the grounds that, in light of the content of the victim’s statement, etc., it was apparent that the victim suffered from the indecent act by compulsion by force by all the soldiers, but in light of the following circumstances revealed by the evidence duly admitted and investigated by the lower court.

① The victim stated in an investigative agency that “a person who indecently commits an indecent act on his own” was unaware of the victim’s words, was flicker than the person who took clothes in a male color (the defendant B) and was flicker, and was not flicker’s memory, and the victim’s indecent act was committed against the victim.”

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