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(영문) 서울중앙지방법원 2016.09.02 2016노1712
준강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged in the mistake of facts, the chest of the victim G (hereinafter “victim”) is as soon as possible and only the victim G (hereinafter “victim”).

However, in order to shoulder the victims who were divingd at the back seat of the taxi, the victim was proposed to hold the back seat of the driver's seat and knife the descendants of the victim, and the victim was able to take the face of the defendant and write and rh the head of the defendant, and the victim was aware that he continued to use and rhife the defendant's head, as stated in the facts charged.

The defendant does not commit an indecent act against the victim by taking advantage of the state of difficulty.

It is only thought that there was an agreement with the victim on the act, or there was an agreement on the victim's speech, etc., and there was no intention on quasi-indecent act.

B. The lower court’s sentence is heavy.

2. Summary of the facts charged in this case and the judgment of the court below

A. On March 5, 2015, at around 02:30, the Defendant parked a F taxi (hereinafter “instant taxi”) on the side of the road near the Eelel located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “the instant teleel”), and left the victim’s upper part of the said taxi and the brogate, who was under influence of alcohol at the rear seat of the said taxi, and turned down the victim’s left suck and sucks with the Defendant’s damages.

The Defendant committed an indecent act against the victim by taking advantage of the state of impossibility to resist.

B. The lower court determined that the victim’s statement in the police and the court of law regarding the situation immediately before and at the time coincide with each other, and that the victim’s attitude to make a statement in the victim’s court and the victim’s 20 mid-to long-term male relatives first received money from the taxi engineer’s first and received Skin’s proposal, is considerably exceptional, and that the victim in the workplace was a motive to make a false report against the Defendant, who is a taxi engineer.

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