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(영문) 서울북부지방법원 2017.04.20 2016노2118
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The defendant (misunderstanding of facts) does not have committed an indecent act by force against the victim as shown in No. 12 of the List of Crimes in the judgment of the court below.

The time of this part of the crime was set at 21:00 by the statement of the victim, but the regular meeting of the representative at the time was set at 19:00, but there is a difference between the actual and the beginning of 21:23 and ending at 21:23.

The victim repeats only the answer different from the facts stated in the crime list of the above crimes, and the witness H of the court below did not make any statement about the specific indecent act related to the facts charged in this case, and the witness I of the court below is not consistent with the statement and is not good in relation with the defendant, and thus, is not reliable.

Of the judgment below, the Defendant did not have committed an indecent act by force against the victim, such as the No. 13 of the List of Crimes.

The victim and the witness H of the court below did not coincide with the statements about whether the defendant, the victim, and the H together with the meal on the day, and whether they were the first place of the meal, and the witness K of the court below did not have credibility as those who share the same interest with the victim.

Of the judgment below, the Defendant did not have committed an indecent act by force against the victim, such as the No. 14 of the List of Crimes.

The victim does not have credibility in his statement because he did not specifically state his indecent act against the defendant and made a false statement about the time of occurrence, and the witnessJ of the original instance cannot believe that it is not consistent with the statement, such as regrading the defendant's position and hedging the left hand.

According to the statement of the victim and witness of the prosecutor's mistake, the defendant was proved to have committed an indecent act against the victim, such as the list Nos. 1 through 11 in the judgment of the court below.

Although the court below acquitted the above part, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

Sentencing is unfair.

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