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(영문) 인천지방법원 2016.05.25 2016노883
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not commit any indecent act against the victim three times as stated in the facts charged, and there was no intention to commit the crime, and thus, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was found to have committed an indecent act by force against the victim three times as stated in the facts charged.

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

A. The victim at the investigative agency and the lower court’s court’s court, “The Defendant is placed at F cafeteria (hereinafter “instant cafeteria”) located in Namdong-gu, Incheon, Incheon (hereinafter “instant cafeteria”) 18:00 on March 1, 2015, while serving on the victim on around 18:00, the victim is placed at the same her son.

Around May 2015, 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 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 her her her her her her her her her her her her her her but with his her her her her her her her her her her her her her but with his her her her her her her her her her

B. The victim was working at the instant restaurant;

From February 2015 to June 2015, the Defendant committed an indecent act from around the day to around June 2015.

C. Although there is a fact that the victim made an exaggerated statement, it is merely prosecuted only for the facts described in the above paragraph (a) due to the specific issues of the accurate date and specific behavior pattern. Thus, it is difficult to deny the credibility of the victim's statement, which is the core solely on the above facts.

(c)

The crime of indecent act by force shall be committed against the other party.

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