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(영문) 서울남부지방법원 2017.07.06 2016노1290
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which convicted the defendant on the ground that the defendant committed an indecent act against the victim was not erroneous.

2. According to the evidence duly admitted and examined by the court below, the defendant can sufficiently recognize the fact that he committed an indecent act by force as shown in the facts charged (in particular, the witness E of the court below's testimony is specific and natural to the extent that it is difficult to make a statement without actual experience, and the victim and the defendant are in conflict with one another before the occurrence of this case, and there is no special circumstance or reason for the victim to make a false statement even before the victim is punished with perjury). Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and it is not erroneous as alleged by the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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