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(영문) 대구지방법원 2019.07.05 2019노435
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the victim’s statement in an investigative agency with regard to the gist of the grounds for appeal, the facts charged in the instant case, such as inducing the victim’s hand and self-defense, are sufficiently recognized as constituting an indecent act by force against the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.

2. The court below found the defendant not guilty of the charge of this case on the ground that "It is not recognized that the defendant had the victim's sexual mind by taking the victim's hand, and it is not proven that the defendant had the victim's sexual mind, or that the defendant took the victim's hand by taking the victim's sexual organ, or committed the defendant's act of self-defense is true. In addition, even if it is recognized that the defendant's act of self-defense was made to ask the victim's hand by taking the victim's hand, the victim could have been avoided by taking out or going outside the room during the defendant's self-defense process. Thus, it is difficult to view that the victim was under the victim's real control at the time."

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.

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

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