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(영문) 의정부지방법원 2020.12.07 2020노747
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, the fact that the defendant commits an indecent act against the victim as stated in the facts charged can be acknowledged.

2. Determination

A. The lower court determined that the Defendant was not guilty on the ground that each of the statements made by the victim, G, H, and I alone was insufficient to have convictions that the facts charged in the instant case are true, and that there was no other evidence to prove the facts charged in the instant case.

B. However, in light of the following circumstances recognized by the court below based on the results of the examination of the victim, H, and G conducted by this court at this court and the evidence duly admitted and investigated by the court below, the defendant can be found to have committed an indecent act against the victim as stated in the facts charged.

1) Even if the Defendant’s act is limited to the following acts recognized by himself, it constitutes an indecent act. The Defendant and the victim first met for the education of representatives of the C association on the date of the instant case. At the frequency of the education, the Defendant first ended with the victim’s shoulder without permission, for the purpose of the occupation-oriented trial. 2) The victim made a specific and consistent statement that conforms to the facts charged from the investigative agency to the trial court of the party.

① As to the day at which the frequency was located, the Defendant she kidddd with the victim and G. The Defendant saw that “the Defendant kiddddddd with the Victim, which he had a string of the shoulder, should be cut.” The Defendant saw that the Defendant she had a string of the shoulder, and that the Defendant she had a string of the string. The Defendant she continued to have a string and the string. The Defendant her fingered the string of the string of the string and the string of the string and the string of the string and the string of the string and the string of the string and the string of the string.” The Defendant saw her body as the string of the st

(2) The term "dayss that were in a bus shall be side of a seat where the defendant sits in the victim and G.

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