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(영문) 수원지방법원 2019.07.11 2018노6056
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the victim’s statement that the Defendant was guilty of indecent conduct in C water surface room from the gist of the grounds for appeal: (b) the victim was specifically and consistently and is well-founded; and (c) the victim was designated as a criminal of the Defendant who got involved in a bath after being subjected to an indecent conduct from the Defendant; and (d) the victim could easily have been present in the inside structure of C, the fact that the victim was indecent conduct as described in the facts charged of the instant case can be sufficiently recognized.

Nevertheless, the lower court found the facts guilty and acquitted the instant charges.

2. Determination

A. On February 8, 2017, the Defendant discovered the victim D(46 years of age) who was taking soup at the surface of the water room located in Ansan-si Group B, Ansan-si on his/her own, and committed soup by inserting his/her fingers immediately next to the victim, and then making soup by inserting his/her fingers and making soup his/her fingers up one time and committing soup.

B. In full view of the following facts and circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court found the Defendant not guilty of the instant facts charged on the ground that it was insufficient to recognize that the Defendant committed an indecent act against D around February 8, 2017, and that there was no other evidence to acknowledge it.

1D, in the police investigation, went beyond 5 to 6 times the number of the criminal's back to 5 to 6, and went out of the police investigation.

Since he was assaulted by the offender in the above area of the water surface, he immediately went away from the offender, and the offender left his door and went back immediately after the offender went into the bath, and the person who went into the bath gate was only the sexual organ and assaulted by him.

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