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(영문) 서울고등법원 2020.09.22 2020노1160
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

A victim’s statement that corresponds to the facts charged in the instant case is specific and consistent, consistent, consistent, consistent with objective circumstances, and the victim is unable to find motive for false statement, etc., the victim’s statement can be trusted.

In addition, it should be viewed that the defendant had the intention of indecent act by compulsion.

On the contrary, the lower court found the Defendant not guilty of the facts charged of this case erred by misapprehending the legal doctrine.

2. The lower court found the Defendant not guilty of the instant facts charged, based on various circumstances as indicated in its reasoning.

The judgment of the court below is just and the prosecutor's assertion is without merit in light of all the circumstances acknowledged by evidence duly adopted and investigated by the court below and the court below.

In particular, in light of the content of text messages sent by the victim after physical contact with the victim, immediately after physical contact with the victim, the victim’s attitude and response, and text messages sent by the Defendant after physical contact with the victim, the relationship and friendly degree between the victim and the Defendant, motive for contact, and the situation in which many and unspecified persons or the Defendant’s will were clearly seen the Defendant’s act, it is difficult to readily conclude that the Defendant committed indecent act by compulsion on the part of the victim, in light of the content of text messages sent by the victim after filing a complaint.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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