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(영문) 서울남부지방법원 2017.10.13 2016노1999
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) was an inevitable physical contact within a complicated electric vehicle even if the defendant had a physical contact with the victim, and there was no intention to commit an indecent act.

2. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court rejected the Defendant’s assertion on the following grounds: (a) in light of the circumstances acknowledged by the evidence adopted by the lower court (e.g., the victim’s reliable statement that conforms to B/C as a result of viewing the CD reproduction at the control site), the Defendant intentionally committed an indecent act against the victim as stated in the facts constituting an offense in the lower judgment.

Examining the reasoning of the judgment of the court below closely with the record, the above judgment of the court below is just and acceptable (it does not find any circumstance different from the judgment of the court below, although the control field CD adopted by the court below was reproduced, it does not find any error of law by mistake of facts alleged by the defendant in the judgment of the court below).

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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