(영문) 서울중앙지방법원 2018.01.18 2017노1511

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(영문) 서울중앙지방법원 2018.01.18 2017노1511

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) has no intention to commit an indecent act by force.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be recognized that the Defendant had committed an indecent act by force.

The defendant's assertion of mistake is without merit.

① The Defendant asserts to the effect that, under the influence of alcohol at the time of the instant case, the victim was fluored so that the victim was able to enter the Defendant’s body by diving on the wind so that the damaged person can enter the inner part of the Defendant, and was fluored by a fluoring hand, and was fluorly fluoring the victim, and his her her her her her her her her m,

② According to the CCTV images of this case, the Defendant cannot be deemed to have been locked immediately before the occurrence of this case.

According to the above video, the defendant gets aboard the bus two minutes prior to the occurrence of this case and sits on the right side of the front (on the left side of the bus in accordance with the direction of the bus), and then cut off the above by putting the seat on the side of the passage of the two seat, and then cutting off the fire on the upper side.

There are acts such as seeing, etc.

It does not seem that the defendant who was locked by the victim is shouldered by several times.

(3) A bus seated on the back of the bus at the time.

D/F stated to the effect that the defendant's kn's kn's kn's kn's kn's kn's kn's kn't

④ There is no extenuating circumstance in which the Defendant play or fright at the time of the occurrence of the instant case.

Rather, the victim stated in the investigative agency and the court of the court below that “the Defendant was living together with the victim when she got her to commit an indecent act after having been committed by the Defendant,” the victim stated to the effect that “The Defendant was living together with the victim.”

F witnessing the situation at the time also stated to the same effect in the court of original trial.

3. The defendant's appeal is dismissed on the ground that it is without merit.

유사 판례

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