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(영문) 수원지방법원 2014.05.15 2013노5208
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

[Judgment on the Reasons for Appeal] Summary of the Reasons for Appeal (misunderstanding of facts as to indecent act by compulsion) Defendant did not commit indecent act by compulsion as stated in the facts charged No. 1.

The F was only knee, knee, etc. of the defendant, and there was no intention of indecent act by compulsion against the defendant.

On February 26, 2013, the summary of the charge of indecent act by compulsion and the summary of the judgment of the court below, among the facts charged in the instant case, the Defendant committed an indecent act by force against the victim, on three occasions, including the victim F, etc., and on drinking alcohol, on three occasions, including the victim F, etc., and on the other hand, the female was able to play a toilet, and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her b

The lower court found the Defendant guilty on the ground of the evidence in its holding.

Of the facts charged in the instant case, F’s statement and G’s statement are written as evidence showing that the indecent act by force is consistent with the judgment of the court.

1) First of all, in light of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the F’s statement at the investigation agency or the lower court’s court’s court’s court’s discretion is insufficient to recognize the fact of indecent act by compulsion. ① The F stated, on February 26, 2013, the day of the instant case, that “the Defendant got her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers

2. In the police, at the 28. 28. The police stated, “I have her knife knife knife knife knife knife knife knife knife knife knife?” (Evidence No. 14 of the evidence record).

3. 26. The prosecutor stated, “The Defendant who intends to sit in the toilet was forward of the Defendant, and the right her mar was cut about 3 times, and her mar was cut as even as even,” at the prosecution.

. documentary evidence records;

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