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(영문) 광주지방법원 2016.09.28 2016노94
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of reasons for appeal is that the defendant is not subject to compulsory indecent act against the victim.

2. The following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below in light of the circumstances revealed by the court below. In other words, the victim was present at the time of the investigation from the investigative station to the trial court, and the victim was able to drink and sit next to the defendant, and the defendant was just 2 times the chest.

As a result, the term "SI" means "SI"

As a result, the defendant was able to resist, and the amount of 43,000 won was changed with the drinking value, but the defendant is able to pay too little money.

In light of the fact that “the victim has consistently made a statement to the effect that it is difficult to find out the motive or circumstances to make a false report against the Defendant,” the victim may sufficiently recognize the fact that the Defendant forced the victim to commit an indecent act.

Therefore, the judgment of the court below is just, and the defendant's assertion is without merit.

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

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