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(영문) 부산지방법원 2016.10.07 2016노2394
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, but found the defendant not guilty.

Around 08:00 on December 11, 2015, the Defendant: (a) committed indecent act by force against the victim E (the age of 19) who takes part in the course of the instant charges, following the Defendant’s entry into the knife knife at night, into the knife knife of the victim, located in the Busan Frife-gu Busan Frife-gu C; and (b) brought the victim’s knife into the knife at night.

For the following reasons, the lower court determined that it is difficult for the victim’s statement, which corresponds to the facts charged in the instant case, to reliable credibility, and that there was no proof of crime as to the facts charged in the instant case, and sentenced the Defendant not guilty under the latter part of

1) On December 11, 2015, the victim argued that the defendant committed indecent act by force from around 08:00 to around 08:20, the victim argued to the effect that the victim committed indecent act by force on the part of the victim himself by means of saving the shoulder and chests of the victim's chests by double arms. On the other hand, the defendant asserts that the victim she suffered the victim's hairs, and that the victim she she she she she she she she she she would not die if the victim she she she she she she she with the victim's fingers, and that she only she she she she she she she she she she she she she was by hand. (2) The place where the victim claimed that she was forced by force from the defendant was forced by force. The victim she she was a place near the entrance of the brupt at the time of the victim.

3. On the other hand, the victim alleged that he/she was forced to commit indecent acts by compulsion on December 11, 2015, and the written statement was prepared from 15:20 to 16:29 on the same day by the police.

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