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(영문) 서울중앙지방법원 2016.04.01 2015노4778
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim was not forced to commit an indecent act by mistake of fact.

B. The punishment of the lower court is too heavy.

2. Determination

A. In full view of the following circumstances that can be known by the evidence (including the defendant's legal statement and the statement of the suspect interrogation protocol prepared by the prosecutor) examined by the lower court as to the assertion of mistake of facts, the fact that the defendant forced the victim to commit an indecent act can be acknowledged.

① The victim, after having committed an indecent act from the Defendant and her mother, her mother, male-parent Gu, etc., was informed of the fact of damage. The victim, through the male-parent Gu, told the Defendant through the phone, but reported the fact to the police immediately.

In addition, it refers to specific and consistent contents of damage, such as criminal facts, in investigative agencies and the court below.

There are no circumstances in which the injured party has made a monetary or other demands to the defendant.

The statements of the victim may be trusted.

② On the basis of the details of the use of transportation cards, the Defendant first gets off the taxi in the vicinity of the transmitting station without paying the taxi expenses due to inconvenience with the victim in the taxi, and it is clear that the Defendant, at around 19:51, took off the subway in the transmitting station around 20:37, on the ground of the details of the use of transportation cards, the Defendant first left the taxi near the station when the taxi stops.

Therefore, the victim asserts that the victim's words cannot be trusted.

The victim, who started the business of getting on and off the defendant and the cab, started the head of the victim and went on the cab 3-4 times thereafter, so far as he/she did not board the cab.

The same shall apply to “Iskin from a taxi,” and “Iskn Don Don Don Don Don Don.”

"A place that gets off a taxi" and "a place that gets off a taxi is not accurately memoryed, and another place where a male-friendly Gu gets on a taxi after getting off.

"........."

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