(영문) 대전지방법원 2015.07.22 2015노797 | 리걸엔진

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(영문) 대전지방법원 2015.07.22 2015노797

준강제추행미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (the fact-finding) in the victim's investigative agency, the contents of 112 declarations and F's statements, etc., the defendant could have acknowledged the fact that he/she attempted to commit an indecent act against the victim as stated in the facts charged, but the judgment of the court below which acquitted the defendant of the facts.

2. Determination:

A. From March 10, 2014 to 19:00, the summary of the facts charged, the Defendant provided meals to the Defendant’s wife and the Defendant’s wife’s employees and the victim D (the age of 30), and went to nearby singing first, and the Defendant’s wife first returned to the Defendant’s home, and the Defendant’s wife stated that “the Defendant would have come to home” the Defendant’s wife would turn back to the Defendant’s vehicle, thereby confirming that the victim was locked, and driving the vehicle to the Defendant’s forest, not the victim’s house, instead of the victim’s house.

Around 21:00 on March 10, 2014, the Defendant: (a) parked in the Seocho-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant attempted to commit an indecent act by gathering his hand with the victim’s clothes under the victim’s front seat, taking advantage of the situation in which the victim was unable to resist, but the Defendant failed to commit an attempted act by gathering his hand with the victim’s top clothes under the victim’s front seat, while the victim saw her snow while leaving the port, but did not go out of the vehicle, but did not go through the wind of requesting the operator of the nearby laund-gu to report 112.

B. In light of the following circumstances, the lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that: (a) the victim’s police statements; (b) the victim’s respective legal statements made by witnesses E and F, with no admissibility of evidence; and (c) the remainder of the statements made by the victim, other than the victim’s statements, are difficult to believe or is insufficient to recognize the facts charged without any reasonable doubt;

(1) The defendant, at the court and investigative agency, shall talk well with the victim about his/her sexual intercourse.

유사 판례

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-대전지방법원 천안지원 2014.10.29 2014고합175

-대전지방법원 천안지원 2018.05.25 2017고단2024