(영문) 서울동부지방법원 2015.06.25 2014노1875

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(영문) 서울동부지방법원 2015.06.25 2014노1875

강제추행

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not contain the records of indecent act by compulsion of the victim as stated in the facts charged, and the statements made by the victim are not reliable.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since it trusted the victim’s statement and thereby convicted the Defendant of the charges.

2. The statements of the victim and E in relation to the grounds of appeal by the victim's visit to the defendant's scambling source, the details and contents of the indecent act by compulsion, the damage caused by indecent act by compulsion, etc., are consistent with each other in important parts, and consistency is consistent. The victim cannot make a statement without experience, and the victim cannot find any motive for the defendant's accusation or perjury at all, and the victim's statement of the victim and E in relation to the victim's statement of the victim and E are credibility in light of the following: (a) around June 22, 2013, the victim was forced to make a indecent act by compulsion and returned to E immediately after he returned to the defendant's scambling source; (b) the victim's statement of the court below, the witness, as witness,

In full view of the remaining evidence duly adopted and examined by the court below, the facts that the defendant committed indecent act against the victim on June 21, 2013 and on June 22 of the same month can be sufficiently recognized.

The Defendant asserts that the victim’s statement is not reliable in light of the following: (a) the victim’s introduction of the Defendant’s inception source; (b) the victim’s police officer on June 22, 2013; (c) the time when the victim visited the inception source; and (d) the detailed method of indecent act; and (c) the victim’s respective statements in the prosecution and the court below; (d) the victim’s statement on whether 50 women’s patients were suffering from the inception source at the time of the instant case and the victim

However, there is no direct connection with the facts charged.

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