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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2019.07.11 2018노917
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim first expressed his/her intention to capture himself/herself, so it cannot be deemed that there was a exercise of force against the victim’s will.

2. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and examined in the judgment of the court below and the court below, it can be sufficiently recognized that the defendant committed the same act as the facts constituting the crime against the victim's will.

Therefore, the defendant's assertion of mistake is without merit.

At the investigative agency and the court of original instance, the victim consistently stated to the effect that “the defendant was sent to the school following the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of

The lower court acknowledged the credibility of the victim’s statement and convicted the Defendant of the instant facts charged, and did not appear to have clearly erred in the lower court’s determination of the credibility of the victim’s statement, and rather, did not appear below.

C. The circumstances mentioned in paragraph (1) support the credibility of the victim’s statement.

B. The victim reported 112 on the day of the instant case.

Even before the instant case, the victim reported several times 112 on the ground that the male-friendly defendant who was the victim's family living together with the victim continued to live in the victim's house, etc. The defendant filed a complaint by the defendant on the ground that he had taken the victim's body body and threatened the victim, but the "the defendant deleted all the photographs or videos taken by the victim's body parts, etc., and then intimidation the victim by means of the above pictures or videos.

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