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(영문) 울산지방법원 2012.12.07 2012노516
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant did not have committed an indecent act by force against the victims. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In the event that the Defendant was under the influence of alcohol at the time of the instant crime, the lower court neglected this. In so doing, the lower court erred by misapprehending the legal doctrine on mental and physical disability, thereby affecting the conclusion of the judgment.

2. Determination

A. The victims of the assertion of mistake of facts have committed an indecent act against the victims since the investigative agency, up to the original trial, and made a detailed and consistent statement about the circumstances, etc., which may be reliable, and the statements at G investigative agencies and the court of original instance that were present at the scene also conforms to the above statements, and the evidence duly adopted and examined by the court below can sufficiently recognize the facts charged in the instant case. Thus, the defendant'

B. According to the evidence duly admitted and examined by the court below, the defendant is found to have served alcohol at the time of the crime of this case, but the circumstances of the crime of this case, the defendant's attitude and behavior before and after the crime of this case, and the defendant's statement that the police had reported to the police at the time of the first investigation, etc., and the situation before and after the crime of this case seems to have been systematically distorted (Evidence No. 34, 35 of the Evidence Record). Thus, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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