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(영문) 청주지방법원 2016.10.28 2016노266
강제추행
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. The summary of the grounds for appeal does not have any physical condition, including E’s chest, at the time and place specified in the facts charged.

At the time, a large number of people were danced at the stage in a significant lighting environment. However, the Defendant, among the daily activities of E (F and K), was identified from E as a criminal for whom he/she was denied while he/she was willing to dance together.

However, in light of the location of the Defendant and the Defendant’s friendship at the time, the location of the E and their daily behaviors, and the lighting status of the age club, etc., E is merely a fact that the Defendant was aware of the Defendant as the offender. There is no credibility in the statement about the circumstances in which E designated the Defendant as the offender, and the situation in which E designated the Defendant as the offender, the appearance of the offender, etc.

As such, the judgment of the court below which found the Defendant guilty of the facts charged in this case without any indecent act by compulsion of E is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. At around 02:30 on June 21, 2015, the Defendant: (a) provided that the victim E (hereinafter “D”) who had danced with his/her her friend in the “D” club hall located in Young-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) brought the victim’s friend part back to his/her friend with his/her friend; (c) brought the victim’s friend to his/her friend with his/her friend with his/her her friend, and brought the victim’s friend with his/her her friend, thereby leaving the victim’s friend with his/her her her friend, thereby committing an indecent act by force against the victim.

B. The lower court’s judgment fully denied the crime indicated in the facts charged from the investigative agency.

The lower court, based on evidence duly admitted and examined, based on the following: “The victim’s statement about the situation at the time of indecent act is very specific and consistent and the victim became an offender.”

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