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(영문) 대구지방법원 2016.11.16 2016노1894
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act against the victim as stated in the facts charged and did not intend to commit an indecent act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In full view of the evidence duly admitted and examined by the court below, since the defendant committed an indecent act against the victim in a state of failing to resist as stated in the judgment of the court below, and it can be sufficiently recognized that the defendant had the intent to commit an indecent act, the judgment below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment, and the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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