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(영문) 서울서부지방법원 2013.07.25 2013노501
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not commit an indecent act against the victim, but the judgment of the court below which found him guilty of this part of the facts charged is erroneous, which affected the conclusion of the judgment.

2. In light of all of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim's statement from the investigative agency to the court below was consistent and specifically stated in the situation where the victim committed an indecent act, and the circumstances and process during which the defendant was designated as the offender, and reported to the investigative agency, and the victim reported his damage immediately after the occurrence of the case. It is difficult to understand that the victim reported to the investigative agency on the fact that the young female victim was sexually forced by indecent act to the defendant at the club without any reason, and the victim wanted to punish the defendant with strong punishment without any specific request from the defendant. In addition, considering all of the circumstances such as the victim's statement at the court below, it is recognized that the defendant's intentional act is sufficiently sufficient in light of the crime of indecent act, and the behavior of indecent act and the circumstances at the time of indecent act, etc., and therefore, the judgment of the court below convicting the defendant of the facts charged in this case is justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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