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(영문) 전주지방법원 2018.11.02 2018노1195
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the evidence including the summary of the grounds for appeal (misunderstanding of the facts), the lower court acquitted the Defendant of the instant facts charged even though the Defendant could have found that the Defendant intentionally committed an indecent act by force by deceiving the victim’s bucks, but acquitted the Defendant of the instant facts charged.

2. Determination

A. The summary of the facts charged is a person with no position.

On September 21, 2017, the Defendant: (a) around 21:45, the Defendant: (b) opened an entrance and shut down the entrance, without the consent of the victim, on the outside of the window, after checking the fact that the victim E (the age of 21) gets off a mixed singing, within 142 cm wide and 134 cm wide and 134 cm wide.

The Defendant, while forcing the victim to sings together, committed an indecent act by force on the victim’s right side buckbucks by forcing the victim to sing on one hand.

B. The lower court determined that, considering the following facts and circumstances acknowledged by the evidence adopted by the prosecutor, the evidence submitted by the prosecutor alone contacted the Defendant with the victim.

(1) It is proved without reasonable doubt that such physical contact constitutes an indecent act or that at the time the defendant committed such an act with the intent to commit an indecent act.

Considering that it cannot be said that the facts charged in the instant case were acquitted.

(1) According to the statements of the victim's investigative agency and the court below, at the time of the occurrence of the instant case, the victim singing in one room of the singing room. The Defendant intended to put money into the singing room in the singing room and the singing room. The victim " is going to go to her own," and the victim tried to put money into the singing room.

Defendant answer to the defect in this subsection, “I am in the same way,” and again, the victim “I am in the same way,” so the Defendant does not want to do so.

”라고 하며 피해자의 오른쪽 무릎 위에 피고인의 왼손을 올려놓았으며, 피해자가 깜짝...

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