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(영문) 인천지방법원 2016.08.24 2016노1461
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the ground that the defendant committed an indecent act against the victim's chest, despite the fact that the defendant committed an indecent act against the victim's chest.

2. The lower court rendered a judgment on the ground that the victim’s statement in the court and investigation agency, the only direct evidence supporting the facts charged of the instant case, is difficult to believe this in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and that other evidence submitted by the prosecutor alone was insufficient to recognize the facts charged.

(1) From April 11, 2014 to February 2015, the victim reported the instant facts charged to an investigative agency. The victim reported the instant facts charged to the investigation agency.

Among them, the possibility that the memory of the victim would be distorted cannot be ruled out.

Shebly operated E

It is not easy to understand that it was an indecent act against the victim under 59 years of age while treating the victim at the request of another person (the investigation record 38 pages) upon the request of G.

Reference victim, at the police first, the defendant was placed in the side of the victim's head, who was in the direction of the police, and was in the side of the victim's head, and was placed in the victim's own clothes.

The prosecutor made a statement, and in the prosecutor's office, "I am kn't kn't kn't kn't kn's own clothes.

Whether the distance between the Defendant and the victim does not physically vary if the Defendant, who was living on the bridge of the victim who was living on the bridge of the public prosecutor’s question, was placed in the clothes of the victim, and the chest of the victim was stored in the clothes of the victim.

The prosecutor did not clearly answer the questions of the prosecutor, and it is also clear that the prosecutor "if on the side, she contacted the chest, she would see it as soon as she would see it."

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