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(영문) 서울중앙지방법원 2016.04.29 2015노4410
준강제추행
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

(a) Victim E (hereinafter referred to as “victim”);

not commit any indecent act in this section.

B. The punishment of the lower court is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant is a DNA taxi (hereinafter “instant taxi”) operated by the Defendant in the Defendant’s neighborhood located in the Seoul Gwangjin-gu Seoul Special Metropolitan City around November 13, 2014 (hereinafter “instant taxi”).

Around 03:20 on the same day while a victim E was on board as a customer and was on duty of his/her female, he/she committed an indecent act by taking advantage of a victim’s resistance impossible condition after setting a taxi in front of G in Seoul, Jung-gu, Seoul, and making his/her bridge locked by his/her hand.

B. The judgment of the court below is consistent with the following facts: (a) the state of damage inflicted on the injured person; (b) the details of the damage inflicted on the accused; and (c) the details and process reported to the investigation agency after having taken the taxi; and (d) the circumstances and process leading to the investigation agency; and (c) there are no grounds or

The facts charged were found guilty based on the reported and investigated evidence.

3. In light of the evidence examined by the court below in the appellate court and the following circumstances revealed by the legal statement of the witness E (victim) at the appellate court, the victim’s speech that the defendant committed an indecent act from the defendant cannot be believed as being probable.

The evidence alone submitted by the prosecutor alone that the defendant committed an indecent act against the victim.

Devinced is difficult.

(1) The aggrieved person shall be aboard the taxi of this case in the vicinity of C around November 13, 2014, after drinking her friendship and drinking, and around November 13, 2014.

Shelling the taxi of this case into the back of the lower fest.

The back door was opened, but the victim voluntarily opened the front door and sited at the front.

The victim is to leave the si in this case and to G in F.

After that, the taxi of this case was not broken up until it stops in G.

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