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(영문) 서울북부지방법원 2017.07.20 2017노705
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the victim's statement consistent with the facts charged in this case was consistent and credibility, the court below acquitted the above facts charged on the ground that the victim's statement was not reliable. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. On July 16, 2016, the Defendant, at around 03:20 on July 16, 2016, in the instant facts charged, was under the influence of alcohol in the E teahouse operated by the victim D, and was off the victim’s side, and the victim’s “Is the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch.”

“A victim was suffering with a sudden hand as the victim.”

The victims were forced to commit indecent acts, such as exceeding panty.

The lower court determined that the lower court added the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① prepare a written statement immediately after the instant case occurred, and D added the following facts to the effect that, while entering the Defendant’s work from the date of his/her operation to the time of reporting to the police, the Defendant was in his/her own panty in a relatively detailed manner, and the Defendant did not first enter the fact that he/she was in his/her own panty, and later, “D was forced to be out of the panty.” The lower court reported to the effect that the Defendant was in his/her panty, and that the part that the Defendant was in his/her panty, other than his/her panty, can not be easily understood that the Defendant was out of the panty, even though it was found that the Defendant was out of the panty, and that the Defendant was found to have been in addition later than the Defendant’s panty.

In this Court, the first statement was made, but the panty did not so easily after the first statement was made, and panty did not so.

to the purport that the panty is teared.

(b) a statement.

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