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(영문) 서울중앙지방법원 2018.11.01 2018노1791
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal is that the court below found the defendant not guilty of the facts charged of this case, even though it can be sufficiently recognized that the defendant was guilty of the indecent act by taking account of the evidence duly adopted and examined by the court below.

2. In full view of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error in the misapprehension of law.

A. The summary of the statement made by F in an investigative agency and in the court below is as follows:

1) 사우나 수면 실에서 자고 있는데 누군가 몸을 만지는 느낌이 들어 눈을 떴더니 얼굴에 수건을 쓴 사람이 다리 하나를 허벅지 위에 올리고 있어서 다리를 치우고 다른 곳으로 이동하였다.

2) 다른 곳으로 이동하여 주변을 살폈더니 피고인이 다른 남자의 성기를 만지는 것을 보았고, 곰곰이 생각해 보니 누군가가 자신의 성기도 만진 것 같다는 느낌이 들기 시작했다.

3) Whether the Defendant “drawing with the sex of male” is different from the Defendant

Doz. Doz. Doz. Doz.

In addition, the defendant was aware of “I am I am. I am.”

In the face, I have only been able to do so.

The answer was made to the purport that “........”

4) Even though the defendant found a person who was involved in the face with the defendant, he did not find it and reported to the police.

In addition, the defendant knek kel, "I became aware of kne knee."

V. V. L. L.C. only once

The Defendant abandoned his escape between the Defendant and the Defendant, who attempted to report the situation as “........”

B. At the time of the instant crime, the fact that the Defendant met a third party’s sexual organ, other than the Defendant, in the water surface room is recognized.

And even if the defendant's statement is based on the defendant's statement.

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