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(영문) 수원지방법원 2017.06.08 2016노7409
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal by the defense counsel (misunderstanding of the facts) did not commit an indecent act by force by taking advantage of the status of the head of the team in the company, such as inducing the sexual organ of the adult victim, attempting to dance with him/her, and spreading the chest part.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the grounds of the statement, etc. of the victim without credibility, thereby misleading the facts and adversely affecting the judgment.

2. The Defendant alleged that the lower court did not have committed an indecent act against the victim in the lower judgment, and the lower court, on the grounds stated in its reasoning, has credibility of the victim D’s statement consistent with the facts charged in this case.

After determining the Defendant’s assertion, the lower court rejected the Defendant’s argument and found the Defendant guilty.

In light of the circumstances established by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the victim’s statement has credibility.

The decision is judged.

Therefore, the judgment of the court below which found the victim guilty on the grounds of the victim's statement in the court below is just and there is no error as alleged in the grounds of appeal.

① The victim D stated from the investigative agency to the court of the court below to the effect that “the Defendant committed an indecent act by attempting to dance the end and the end and the end after coming to work as a group in the company, or by putting about the chest part of the chest, etc., and due to such an act, the victim D made an indecent act.” The victim’s statement consists of specific and detailed contents to the extent that it is difficult to describe if it is consistent and did not actually experience.

(2) The point at which the victim first stated the fact of damage in an investigative agency is one year or more from November 201, 2013 when he/she suffered an indecent act from the first defendant.

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