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(영문) 대구지방법원 2016.12.09 2016노1662
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant committed indecent act by force against the victims as stated in the facts charged.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victims made a consistent statement that corresponds to each of the facts charged in this case from the investigative agency to the court of the court below, and (ii) the defendant made a statement that he/she could not make a statement without experience; and (iii) in the process of communicating with the victim E on September 24, 2015, the defendant made a statement that he/she would have acknowledged the facts of indecent act despite the victim’s speech that he/she made a sexual indecent act (Article 37,40, 42 of the evidence record No. 2015DaDa1331). Thus, it can be sufficiently recognized that the defendant committed indecent act by force as stated in each of the facts charged in this case. Thus, the court below's finding the victims guilty all of the facts charged in this case is justified, and there is no error of law that affected the conclusion of the judgment by misconception of facts, contrary to the judgment of the court below.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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