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(영문) 서울중앙지방법원 2019.06.07 2018노1903
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant raised his/her loss to order food and did not intend to commit an indecent act against the victim’s body.

2. The Defendant asserted the same as the grounds for appeal in the lower court, and the lower court rejected the above assertion by clearly explaining the lower court’s judgment on the “a summary of evidence” at the bottom of the judgment.

In addition to the grounds stated by the court below, the judgment of the court below is just in light of the following facts and circumstances, which are recognized by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below.

Defendant’s assertion is without merit.

① The victim stated consistently from investigative agency to court that the Defendant has divided his/her left part into the part of the bones of his/her hand, etc.

피해자는 당심에 제출한 진술서(증 제7호증)에도 피고인이 주먹을 쥔 듯한 관절부분을 느꼈다고 기재하였다.

손을 들다가 몸에 스치는 느낌과 관절 마디가 느껴질 정도로 꾹 누르는 느낌은 분명하게 구분되므로, 피해자가 이를 착각하였다고 보기 어렵다.

② At the time of the occurrence of the instant case, the victim was using the Defendant as a shooting line at the right line near the Defendant’s right line, and maintained the Defendant’s right line food.

In light of the location of the victim, if the defendant saw 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

3. According to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) committed a sex offense before the enforcement of the said Act.

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