(영문) 서울동부지방법원 2017.01.20 2016고단1762

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자간(%)

(영문) 서울동부지방법원 2017.01.20 2016고단1762

강제추행

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, at around 12:00 on January 22, 2016, committed an indecent act by force against the victim by inserting his/her own knife and inserting his/her knife on the floor, in a D hotel knife or water surface room located in Yongsan-gu Seoul Metropolitan Government, with the reflect of the victim E ( South, 47 years old) who is putting his/her eye on the floor and enjoying his/her eye on the floor.

2. We examine the judgment, since the victim's statement in this court and the investigative agency's statement is virtually known as evidence corresponding to the facts charged of this case, we examine the credibility of the above statement.

The victim stated to the effect that, at the time of the instant case, the Defendant was trying to sleep in the said lele or the water surface room at the time of the instant case, but the Defendant, who was entering the water surface under the influence of alcohol, was seated next to his/her own side, and her fingers into the lower part of his/her lebrogate by inserting his/her hand, and turned

However, the above statement by the injured party is difficult to believe it as it is in light of the circumstances indicated in the records of this case, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it otherwise.

In other words, in light of the following circumstances: (a) the Defendant appears not to have been easy to capture the sexual organ by inserting his/her hand toward the lower part of the body part of the victim; (b) the victim was in a state where he/she was not diving at that time; (c) it is difficult to readily accept that the Defendant was only without any particular response while putting his/her hand out from the lower part of the body to the lower part of the body part of the victim; and (d) the victim was able to easily accept the victim’s indecent act; and (c) the victim was placed on the part of the lower part of the Defendant’s sexual buck to the lower part of the body part of the victim.

The response of the other party is made in the case of indecent act against the same-sex male.

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