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(영문) 대전고등법원 (청주) 2016.06.30 2015노172
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant was guilty of the facts charged in this case without having committed an indecent act against the victim, with the intent of the preceding day before the victim; and (b) the Defendant committed an indecent act against the victim.

2. The Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s allegation on the grounds of the judgment after examining all the circumstances.

The circumstances examined by the court below are as follows: (a) the victim reported the defendant to the police immediately after the instant case to the court below; (b) the victim made a concrete and consistent statement from the investigative agency to the court below; (c) E and the court’s statement witnessing the situation immediately after the instant case or from the police at the time of the dispatch of the victim to the victim’s statement is supported by the credibility of the victim’s statement; and (c) the defendant made a statement at the prosecutor’s office to the effect that “the victim injured the victim, who was the victim, who was the victim at the time of the dispatch of the police; and (d) the defendant made a statement from the court of the court of the court below to the effect that “the victim injured the victim, who was the victim,” and it is not consistent with the victim’s statement to the effect that “the victim was the victim’s loss,” and (d) the defendant made a written agreement by the third party to pay 100,000 won to the victim without any agreement with the victim, but it is not only an agreement between the victim or the victim in the investigative agency.

On the other hand, there was a request to agree with the victim to find out the victim, and the victim received it and made a written agreement to prepare it, and made a statement contrary to the above assertion by the defendant.

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