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(영문) 수원지방법원 2015.08.25 2015노1157
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (fact-finding) is consistent and detailed with the situation from the investigative agency to the court below’s court, and F actively responded to the investigation of a false horses detection machine, while the defendant actively responded to the investigation of a false horses detection machine, while the defendant actively responded to the investigation of a false horses detection machine, and there is a false response to the statement, and the victim has no reason to file a false complaint, etc., the F’s statement is more reliable than the defendant’s statement.

According to the response to the request for appraisal by the Seoul Research and Investigation Agency and the statements by F and its female members G, it seems that F was broken down in the process of making it difficult for the Defendant to open this.

In light of the fact that F’s male-friendly job offers H and G specifically state the situation at the time of the instant crime, details of the report, etc., and credibility in the statement, and the Defendant stated H to the effect that “I am f at the time of the instant crime, if you contact the chest, I am f at the time of the instant crime,” the Defendant’s statement is distorted in a direction that reduces his criminal act, and thus, there is no credibility.

Nevertheless, the lower court rejected the credibility of each of the statements made by F, G, and H, and rendered a not-guilty verdict on the facts charged in this case, thereby erroneous determination of facts.

2. In order to reverse the judgment of the court below that rejected the F’s statement, which is the evidence supporting the facts charged in this case, the judgment of the court below should be sufficiently and sufficiently acceptable and acceptable, and most of the circumstances required for the grounds of appeal are considered as circumstances already pointed out in the trial process of the court below and considered in the decision process of the court below.

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