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(영문) 서울중앙지방법원 2014.10.24 2014노2791
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant: Error of facts (limited to contact with the victim's body at the time of mistake of facts and not having the intention of indecent act) and unreasonable sentencing; and

2. Determination on the grounds for appeal

A. (1) According to the evidence duly admitted and examined by the court below, it is acknowledged that the defendant committed an indecent act against the victim who operated a dance game called "DR" as stated in the facts charged in the instant case in the entertainment room at the time.

On the other hand, the defendant's losses, which had been engaged in dancing games at the time, contacted the defendant's losses, which had been fluenced by the game stage, and the victim's her amb, also contacted the victim's body by being pushed back by the victim's amb, and it does not change that the defendant's body was invaded by the victim's game zone.

However, according to the above evidence, ① at the time, the dancing game for the victim’s "DR" was installed at the same time on the string and back of the string of the game proprietor’s hand, ② the victim was concentrating in the dancing game with the above strings by hand, ③ the defendant was able to take the above strings in order to more detailedly see the game process during the victim’s back, and was living in front of the body, ④ the victim was able to take the two descendants of the victim several times in the process, ④ the victim was running the dancing game with the south of the game time, and the defendant also accessed his body to the back of the victim’s body while putting his body in line with the above strings. The suspect suspect interrogation of the suspect interrogation of the victim’s body was acknowledged (see the prosecution against the defendant).

In light of the above facts of recognition, the defendant intentionally meets the victim's hand or sets his body behind the victim's body.

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