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(영문) 서울서부지방법원 2019.08.12 2018노1412
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) the victim’s statement; (b) the Defendant’s act immediately after the indecent act; and (c) the scene of the club; (b) the court below rejected the credibility of the victim’s statement despite the full recognition of the facts charged in the instant case; and (c) acquitted the Defendant,

2. Determination

A. On July 15, 2017, the Defendant found the victim D (at the age of 21) who danced at the first floor C clubs of Seodaemun-gu Seoul, Seodaemun-gu, Seoul on July 23:20, 2017, and forced the victim to commit an indecent act by putting her tex on one time after the victim.

B. In light of the following facts and circumstances, the lower court found the Defendant not guilty of the instant facts charged on the ground that the instant facts charged were proven without any reasonable doubt, solely based on the statements from the victim and E, and that there is no other evidence to acknowledge it.

① On July 22, 2017, the victim prepared a written statement that “I am am am son’s intentionally,” and “I am am son’s am son’s am son’s am son’s am son’s am.” On July 22, 2017, the police written statement that “I am am son’s am son’s am son’s am son’s am.” However, the police written statement that “I am am son’s son’s am son’s am.” The police written statement that “I am son’s am son’s son’s am son’s son’s am.” The prosecutor did not make any consistent statement as to the method and degree of indecent act, such as making a statement that “I am am son’s son’s am.”

(2) The aggrieved person is the original judgment.

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