(영문) 광주지방법원 2016.06.01 2015노2967 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.06.01 2015노2967

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the defendant could fully recognize the fact that he committed an indecent act by force against the victim as stated in the facts charged in this case, the court below acquitted the defendant of the facts.

2. Determination

A. The lower court found the Defendant not guilty on the grounds that it is difficult to believe the victim’s statement of damage and the remaining evidence submitted by the prosecutor alone are insufficient to recognize the facts charged of this case without any reasonable doubt, and there is no other evidence to acknowledge the facts charged.

B. In light of the consistent denial of the facts charged in this case’s case’s facts charged, and the fact that the victim’s statements concerning the developments and circumstances at the time of the instant case’s case’s situation are not consistent or are inconsistent with other witnesses’ statements, the lower court’s aforementioned determination is justifiable.

Therefore, prosecutor's assertion is without merit.

(1) The victim in the police was followed by the defendant, who was her after completing the use of the toilet, but the defendant was her chest because he was behind the defendant.

Although the Defendant made the statement “(72 pages of evidence),” the prosecution and the court of original instance “ himself was in the main room, but the Defendant, who had finished the use of toilets, was Da and her chest.

“The victim made a statement (145 pages, 53 pages of the record of the trial, 53). (2) The victim, at the police and the prosecution, has moved his chest to the extent of four times.

Although the defendant made a statement (Evidence 72 pages, 90 pages, 145 pages), in the court of the original instance, the defendant was flicked to 3 times his chest in the court of the original instance.

(3) At the time of the instant case, the police and the court below stated that the victim suffered DNA cases in the original test color. (54 pages of the trial record)

30 pages 90 of the record of evidence;

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